JACK WILLIAMS CHEVROLET, INC. v. BENTLEY

No. 17485.

505 S.W.2d 421 (1974)

JACK WILLIAMS CHEVROLET, INC., Appellant, v. James L. BENTLEY, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

February 8, 1974.


Attorney(s) appearing for the Case

McDonald, Sanders, Ginsburg, Phillips, Maddox & Newkirk, and Sam J. Day and Thomas L. Farris, Fort Worth, for appellant.

John W. Herrick, Brown, Crowley, Simon & Peebles, and Anne Gardner, Fort Worth, for appellee.


OPINION

MASSEY, Chief Justice.

The question is whether, as a matter of law, the negligence of a truck driver in proceeding to drive his vehicle after the discovery that the brakes thereon were not working properly, indeed that there was likelihood of a total brake failure, constituted a new and independent cause of a collision which resulted in injury to the plaintiff. If it should be so held there would be eliminated as a proximate cause of such collision...

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