PATE v. SOUTHERN PACIFIC TRANSP. CO.

No. 1706.

567 S.W.2d 805 (1977)

Sarah H. PATE et al., Appellants, v. SOUTHERN PACIFIC TRANSPORTATION CO., et al., Appellees.

Court of Civil Appeals of Texas, Houston (14th Dist.).

Rehearing Denied June 21, 1978 (with opinion).

Second Rehearing Denied July 14, 1978.


Attorney(s) appearing for the Case

James H. Brannon, Schmidt & Matthews, Houston, for appellants.

Randall A. Hopkins, Ronald L. Palmer, Baker & Botts, Russell H. McMains, Fulbright & Jaworski, Houston, for appellees.


COULSON, Justice.

This is an appeal from a judgment entered non obstante veredicto in favor of the defendants in a wrongful death and survival action.

On July 13, 1967 Edwin O. Schwarz, an employee of Theobold Trucking Company, failed to stop the dump truck he was driving at a stop sign. Because of this failure a car driven by Virginia Snelling was forced to make an abrupt stop to avoid hitting Schwarz's track, which, in turn, caused the pickup truck following...

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