SEARCY v. SELLERS

No. 8159.

470 S.W.2d 103 (1971)

Eugene Ross SEARCY, Appellant, v. Parlie SELLERS, Appellee.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied August 30, 1971.


Attorney(s) appearing for the Case

Underwood, Wilson, Sutton, Heare & Berry, H. C. Pipkin, Amarillo, for appellant.

Merchant & Barfield, Amarillo, Morehead, Sharp, Tisdel & Gibbins, Bob Gibbins, Plainview, for appellee.


ELLIS, Chief Justice.

This is a case involving the application of the doctrine of discovered peril in a rear-end automobile collision case. The case was tried before a jury which found that the defendant-appellant was guilty of primary negligence in certain particulars, but also found that plaintiff-appellee was guilty of contributory negligence. Additionally, the jury found the appellant guilty of discovered peril negligence, and on such basis the trial court entered...

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