HENDERSON v. MASON

No. 5686.

386 S.W.2d 879 (1964)

Gerney G. HENDERSON, Appellant, v. Stuart A. MASON, Appellee.

Court of Civil Appeals of Texas, El Paso.

December 9, 1964.


Attorney(s) appearing for the Case

Gordon F. Johnson, Odessa, for appellant.

Shafer, Gilliland, Davis, Bunton & McCollum, James M. O'Leary, Odessa, for appellee.


FRASER, Chief Justice.

This is a malpractice suit filed by plaintiff-appellant against defendant-appellee, charging that defendant was negligent and that such negligence was the proximate cause of the loss of sight in appellant's right eye. At the close of testimony the trial court withdrew the case from the jury and entered judgment for defendant, holding that the plaintiff take nothing.

The facts, generally, are that on or about 8:00 or 8:30 on the evening...

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