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EMPLOYERS MUTUAL CASUALTY COMPANY v. KIRKLAND

No. 5106.

480 S.W.2d 408 (1972)

EMPLOYERS MUTUAL CASUALTY COMPANY, Appellant, v. Cecil R. KIRKLAND et ux., Appellees.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied June 1, 1972.

Attorney(s) appearing for the Case

Sheehy, Cureton, Westbrook, Lovelace & Nielsen, Dan E. Mayfield, Jr., Waco, for appellant.

Andrew Campbell, James E. Crouch, Hamilton, for appellees.

OPINION

JAMES, Justice.

This is an uninsured motorist case involving two main problems: (1) The sufficiency of plaintiffs' proof that the alleged tort-feasor (driver of the other car) was uninsured, and (2) the factual sufficiency of the evidence to support certain jury findings of primary and contributory negligence.

Appellees-Plaintiffs Cecil R. Kirkland and wife Barbara Kirkland had an automobile liability insurance policy with Appellant-Defendant...

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