GALLAGHER v. JOYCE

No. 562.

459 S.W.2d 221 (1970)

Robert J. GALLAGHER, Appellant, v. Earl JOYCE et al., Appellees.

Court of Civil Appeals of Texas, Corpus Christi.

Rehearing Denied November 5, 1970.


Attorney(s) appearing for the Case

Schneider & Schneider, R. E. Schneider, George West, Clemens, Knight, Weiss & Spencer, San Antonio, for appellant.

Harry J. Schulz, Three Rivers, W. L. Hardwick, George West, for appellees.


OPINION

GREEN, Chief Justice.

This is a suit for damages for the death of plaintiffs' (appellees') child resulting from an automobile accident. The trial court denied defendant's (appellant's) request for a jury trial on the ground that there was neither a timely demand for a jury or deposit of a jury fee under Texas Rules of Civil Procedure, rule 216. Upon non-jury trial, the court, after hearing the evidence, rendered judgment for plaintiffs.

Appellant...

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