HERRIN TRANSPORTATION CO. v. PARKER

No. 15153.

425 S.W.2d 876 (1968)

HERRIN TRANSPORTATION CO., Inc., et al., Appellants, v. William PARKER, Appellee.

Court of Civil Appeals of Texas, Houston (1st Dist.).

Rehearing Denied March 28, 1968.


Attorney(s) appearing for the Case

Danny R. Edwards, Joel B. McCarty, Jr., Houston, for appellants.

Jim Brannon, Houston, D. L. McClure, Houston, of counsel, for appellee.


COLEMAN, Justice.

This is a suit for damages for personal injury. A judgment for the plaintiff was entered on a jury verdict. The principal questions raised on this appeal concern whether the trial court abused his discretion in refusing to permit the filing of an amended answer raising for the first time the defenses of contributory negligence and unavoidable accident when such answer was presented during the trial; whether the plaintiff by pleading that "he was...

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