LEE v. HOWARD

No. 4551.

483 S.W.2d 922 (1972)

Richard LEE, Appellant, v. G. B. HOWARD III, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied September 1, 1972.


Attorney(s) appearing for the Case

Carter, Jones, Magee, Rudberg, Moss & Mayes, Ben Warder, Jr., Dallas, for appellant.

Donald L. Case, Dallas, for appellee.


McCLOUD, Chief Justice.

Richard Lee sued G. B. Howard, III, for personal injuries sustained by Lee when he was accidentally shot by Howard while the two were duck hunting in Arkansas. Both parties are residents of Texas, but since the alleged tortious conduct occurred in Arkansas, the trial court applied the substantive law of that State. Under the Arkansas comparative negligence act a plaintiff is not entitled to recover if his negligence equals or exceeds the defendant...

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