SWAIN v. JOHNSON

No. 09-87-101 CV.

750 S.W.2d 343 (1988)

Bill SWAIN, Appellant, v. Gary JOHNSON, Appellee.

Court of Appeals of Texas, Beaumont.

Rehearing Denied May 18, 1988.


Attorney(s) appearing for the Case

Guy E. Hopkins, Conroe, Sydney N. Floyd, W. James Kronzer, Houston, for appellant.

Henry P. Giessel and Patrice M. Barron, Giessel, Stone, Barker & Lyman, Houston, for appellee.


OPINION

BURGESS, Justice.

Appellant instituted a suit for damages for injuries received when he was gored by a bull Asian elephant owned by appellee. At the close of the evidence, the trial court granted appellant's motion for a partial instructed verdict on strict liability as well as on the issue of producing cause. The case was then submitted to the jury on the issues of negligence, proximate cause and damages. The jury found no negligence on the part of...

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