Opinion

Fulton Brown Feed Store v. Roberts

  • 388 S.W.2d 723
Court
Court of Appeals of Texas
Filed
Mar 11, 1965
Status
Published
Author
Wilson
On the bench
Wilson
Cited by
0 cases

The opinion

WILSON, Justice.

Defendants appeal from an order overruling a plea of privilege tried before the court. Plaintiffs pleaded contributory negligence generally. There are no findings or conclusions. The points are that there is insufficient evidence, or none, of negligence or proximate- cause. We affirm.

The suit arises from a collision between two meeting trucks. The driver of the truck we will call plaintiffs’ was killed. Defendants admitted that at the time of impact their truck-trailer unit “had jackknifed and was sliding.” After the collision defendants’ vehicle was on its wrong *724 side of the center of the four-lane highway; that of plaintiffs’ was on its proper side. The latter was damaged on its left front; defendants’ truck sustained damage to its right side. There is circumstantial, physical and opinion evidence that the point of impact was in the lane of traffic of plaintiffs’ pickup truck. There is evidence defendants’ driver admitted he was traveling approximately 55 miles per hour on a wet pavement just before his truck started to slide. Defendants offered no evidence.

Although the evidence is meager, in our opinion it is adequate to sustain the implied findings in support of the order.

Affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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