KIRKPATRICK v. HURST

No. 8026.

472 S.W.2d 295 (1971)

Gary Dale KIRKPATRICK, Appellant, v. Mrs. D. M. HURST, Appellee.

Court of Civil Appeals of Texas, Texarkana.

Rehearing Denied November 2, 1971.


Attorney(s) appearing for the Case

J. D. McLaughlin, Fisher, McLaughlin & Harrison, Paris, for appellant.

Leighton Cornett, Cornett, Echols & Biard, Paris, for appellee.


RAY, Justice.

This case arises out of an automobile collision in Lamar County on F.M. Road No. 79 on December 16, 1967. The plaintiff (appellee) brought suit in her own name on January 2, 1970, without the joinder of her husband. Trial was had before a jury in which the jury made findings favorable to plaintiff on the issues of primary negligence, but the jury answered special issues finding the plaintiff guilty of contributory negligence. The court later overruled...

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