Opinion

Baldridge v. Klein

  • 56 S.W.2d 897
Court
Court of Appeals of Texas
Filed
Dec 23, 1932
Status
Published
On the bench
Hickman
Cited by
8 cases

The opinion

On Rehearing.

It is earnestly insisted that we erred in that portion of our opinion wherein we held that the objection to the court’s definition of “natural and continuous sequence” was not sufficiently specific to point out any defect therein. We have carefully examined the entire record to determine whether, if we erred in that holding, and should now adopt the view of plaintiff in error, a reversal of the judgment would follow. Our conclusion is that it would not. The only possible suggestions of an intervening cause between the negligence of plaintiff in error and the injuries were certain acts pleaded by plaintiff in error as contributory negligence on the part of defendant in error. These issues of negligence were answered by the jury contrary to the contentions of plaintiff in error, and, in fact, no other answers would have been warranted. This case is not involved. The plaintiff in error was clearly guilty of negligence. It is impossible to conceive that that negligence was not the proximate cause of the injuries sustained by defendants in error, and no other answer could have been made by the jury, based upon the evidence, than that the negligence of the plaintiff in error proximately caused the injuries.

Motion overruled.

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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