Northern Texas Traction Co. v. Adams

Court of Appeals of Texas

Northern Texas Traction Co. v. Adams

241 S.W. 275, 1922 Tex. App. LEXIS 831

CourtCourt of Appeals of Texas

DecidedApril 28, 1922

DocketNo. 2549.

StatusPublished

Cited by2 cases

This text of 241 S.W. 275 (Northern Texas Traction Co. v. Adams) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Northern Texas Traction Co. v. Adams, 241 S.W. 275, 1922 Tex. App. LEXIS 831 (Tex. Ct. App. 1922).

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Opinion

LEVY, J.

(after stating the facts as above). The appellant asked and the court refused to submit the issue of accident or unavoidable injury. Error is predicated on the refusal to submit this requested issue. The appellant specially pleaded accident, and the evidence sufficiently raised, we conclude, the question of unavoidable happening of the collision. According to the late case of Railway Co. v. Ada Rowe (Com. App.) 238 S. W. 908, the refusal to submit such question for find-, ing by the jury is reversible error.

The judgment is reversed, and the cause remanded for another trial.

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LEVY, J.

(after stating the facts as above). The appellant asked and the court refused to submit the issue of accident or unavoidable injury. Error is predicated on the refusal to submit this requested issue. The appellant specially pleaded accident, and the evidence sufficiently raised, we conclude, the question of unavoidable happening of the collision. According to the late case of Railway Co. v. Ada Rowe (Com. App.) 238 S. W. 908, the refusal to submit such question for find-, ing by the jury is reversible error.

The judgment is reversed, and the cause remanded for another trial.

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241 S.W. 275, 1922 Tex. App. LEXIS 831, Counsel Stack Legal Research, https://law.counselstack.com/opinion/northern-texas-traction-co-v-adams-texapp-1922.

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