TERRELL v. OIL TRANSPORT COMPANY

No. 5278.

318 S.W.2d 7 (1958)

Charles Ray TERRELL, a Minor, suing by and through his father and next friend, Jack B. Terrell, Appellant, v. OIL TRANSPORT COMPANY, a Partnership, Appellee.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied November 19, 1958.


Attorney(s) appearing for the Case

Blanton, Deaderick & McMahon, Odessa, for appellant.

James Little, Little & Gilliland, Big Spring, for appellee.


HAMILTON, Chief Justice.

Appellant, Charles Ray Terrell, as plaintiff in the trial court, sued appellee, Oil Transport Company, for damages resulting from a collision of his car and appellee's truck at an intersection. Appellant, in the court below, relied solely on the doctrine of discovered peril to establish liability. Six special issues were submitted to the jury, five relating to discovered peril, and the sixth being...

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