FOUNTAIN v. FERGUSON

No. B-1349.

441 S.W.2d 506 (1969)

James Walter FOUNTAIN, Petitioner, v. Faye S. FERGUSON, Respondent.

Supreme Court of Texas.

Rehearing Denied June 18, 1969.


Attorney(s) appearing for the Case

Crenshaw, Dupree & Milam, Cecil Kuhne and Max Addison, Lubbock, for petitioner.

A. W. Salyars, Lubbock, for respondent.


POPE, Justice.

This appeal presents questions concerning jury misconduct. Faye S. Ferguson sued James Walter Fountain, a minor, and his father for personal injuries which she sustained when James Walter Fountain drove a vehicle into the rear of her vehicle. Fountain's defense was that he was confronted by an emergency when the brakes on his vehicle suddenly and unexpectedly failed. The trial court sustained a motion for...

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