MARTINEZ v. MARTINEZ

No. 1012.

553 S.W.2d 211 (1977)

Vincent P. MARTINEZ, Appellant, v. Eduardo L. MARTINEZ, Appellee.

Court of Civil Appeals of Texas, Tyler.

Rehearing Denied July 14, 1977.


Attorney(s) appearing for the Case

John Ken Sharber, Maebius & Duncan, Inc., San Antonio, for appellant.

Peter N. Plumb, Earl F. Levis, San Antonio, Michael M. deShetler, Allison & Garcia, Corpus Christi, for appellee.


McKAY, Justice.

This is an appeal from an instructed verdict granted in a suit brought by appellant seeking money damages for the loss of sight in his left eye alleged to have been sustained as a result of the negligence of appellee by discharging a "bottle rocket" which struck appellant. This act was alleged to be negligence per se as a violation of Section 26-15 of the City Code of San Antonio prohibiting the use of fireworks...

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