DONAGHEY v. VAN CLEAVE

No. 15637.

456 S.W.2d 524 (1970)

Alfred Dean DONAGHEY, Appellant, v. Johnnie VAN CLEAVE, Indv., etc., et al., Appellees.

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

Rehearing Denied July 16, 1970.


Attorney(s) appearing for the Case

L. Giles Rusk, Houston, for appellant.

Jamail & Gano, Joseph D. Jamail, John Gano, Houston, Warren Burnett, Odessa, for appellees.


COLEMAN, Justice.

This is a suit for damages for wrongful death resulting from the collision of a car driven by the decedent with a truck parked along the curb of a highway. The collision occurred at night. No lights were burning on the truck. A judgment for the plaintiffs was entered based on a jury verdict.

The jurisdiction of this Court has been questioned. Rule 329b, Texas Rules of Civil Procedure, provides:

"* * *

"(3) All motions and...

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