Home/Court of Appeals of Texas/Nugent v. Northcutt

Nugent v. Northcutt

256 S.W.2d 973, 1953 Tex. App. LEXIS 2309
CourtCourt of Appeals of Texas
DecidedMarch 6, 1953
DocketNo. 14608
StatusPublished
Cited by2 cases

This text of 256 S.W.2d 973 (Nugent v. Northcutt) 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.

Bluebook
Nugent v. Northcutt, 256 S.W.2d 973, 1953 Tex. App. LEXIS 2309 (Tex. Ct. App. 1953).

Opinion

CRAMER, Justice.

This is an action for damages ■ growing out of the death of appellants’ fourteen-months-old> child, Carol Nugent. 'North-cutt, a route foreman for Metzger Dairies, was delivering milk in place of the regular route man on one of the routes under his supervision. The Crouches were regular customers of the Dairy and had recently moved into the neighborhood. They were the last customers on their new street. They had moved there from a home on another route under Northcutt’s supervision, and were acquainted with Northcutt. The Nugent home was two doors north of the Crouch home. Northcutt drove his truck into the Crouch driveway and along the side of the house, stopping at the back door. When he placed the milk in the refrigerator, Mrs. Crouch asked him to have a cup of coffee, and being interested in her new home, she asked him if he would like to look through the house. After Mrs. Crouch showed Northcutt through the home, he left the house, looked down the driveway between the house and the truck, saw no children, the driveway was clear. He then [974]*974entered at the right door of' the cab. He kept a lookout along the left side of the truck and out on the driveway as he backed into the street; then left the site in the opposite direction from which he originally came. He testified that he neither saw nor heard anything to indicate or inform him 'that anything unusual happened as he backed from the hack door along the driveway to the street and drove off. The record contains a'picture of the truck in question and a diagram of the site of the accident showing location of the Crouch and Nugent homes. They are as follows:

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Related

Hettich's Adm'r v. Mellwood Dairy, Inc.
278 S.W.2d 717 (Court of Appeals of Kentucky, 1955)
Hill v. Sabine Pipe & Supply Co.
272 S.W.2d 769 (Court of Appeals of Texas, 1954)

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Bluebook (online)
256 S.W.2d 973, 1953 Tex. App. LEXIS 2309, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nugent-v-northcutt-texapp-1953.