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DAVILA v. SANDERS

No. B-6804.

557 S.W.2d 770 (1977)

Pedro DAVILA et ux., Terry McAfee et al., Petitioners, v. Clayton SANDERS et al., Respondents.

Supreme Court of Texas.

Rehearing Denied December 14, 1977.

Attorney(s) appearing for the Case

Garner, Vickers & Purdon, John E. Vickers, Edwards & Associates, James R. Edwards, Lubbock, for petitioners.

Clifford, Sims & Kidd, William A. Clifford and Richard S. Hubbert, Lubbock, for respondents.

PER CURIAM.

The trial court's judgment in this personal injury suit absolved co-defendant Terry McAfee of liability. The Court of Civil Appeals reversed the judgment and remanded the case for new trial because of error in instructing the jury on imminent peril. 550 S.W.2d 709. We agree that the instruction should not have been given; but we add that with comparative negligence the controlling determination, use of the doctrine or...

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