BOSS v. PRINCE'S DRIVE-INS

No. 4438.

401 S.W.2d 140 (1966)

Willard I. BOSS, Appellant, v. PRINCE'S DRIVE-INS, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied March 31, 1966.


Attorney(s) appearing for the Case

Thompson, Hippard, Gibson, Korioth & Tita, Houston, for appellant.

Fulbright, Crooker, Freeman, Bates & Jaworski, Blake, Tartt and Jerry Wickliffe, Houston, for appellee.


WILSON, Justice.

Judgment for defendant, operator of a drive-in eating establishment, was rendered notwithstanding jury findings that its negligence in failing to call the police proximately caused plaintiff customer's injuries received in an assault by a third person.

Plaintiff drove his car upon defendant's premises to order food. He was accompanied by his wife. He saw "a crowd of young fellows stand around, moving...

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