FISH v. OVALLE

No. 16344.

512 S.W.2d 718 (1974)

Bertram Warren FISH et al., Appellants, v. Francisco OVALLE, a. n. f. to Raul O. Ovalle, a minor, Appellee.

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

Rehearing Denied July 25, 1974.


Attorney(s) appearing for the Case

Mills, Shirley, McMicken & Eckel, John Eckel, Galveston, for appellants.

Kronzer, Abraham & Watkins, W. James Kronzer, Larry J. Doherty, Houston, for appellee.


COLEMAN, Chief Justice.

This is an appeal from a judgment awarding damages for personal injury based on the doctrine of discovered peril. The defendant's principal complaint on appeal is that the evidence is not sufficient to support the necessary jury findings.

At the time of the accident the plaintiff was an eighteen year old high school student. The defendant, who has since married the plaintiff's brother, stopped her automobile in front of the plaintiff...

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