SMALLEY v. McMURRAY

No. 4222.

427 S.W.2d 118 (1968)

Diana Lois SMALLEY, By Next Friend, Appellant, v. Willie R. McMURRAY, Appellee.

Court of Civil Appeals of Texas, Eastland.

February 29, 1968.


Attorney(s) appearing for the Case

Yarborough, Yarborough & Johnson, Roger L. Turner, Dallas, for appellant.

Boyd Waggoner, Dallas, for appellee.


COLLINGS, Justice.

Savanna Smalley, next friend and mother of Diana Lois Smalley, a minor, 8 years of age, who was injured in an automobile accident, brought this suit against Willie McMurray for damages. At the conclusion of the evidence the court granted defendant's motion to withdraw the case from the jury and rendered judgment for the defendant.

In appellant's first two points it is contended that the court erred in instructing a verdict for McMurray because...

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