Ed. A. Collins v. Roen I. Smith

Summary

The Texas Supreme Court affirmed the Court of Civil Appeals, holding that the trial court correctly overruled a late motion to strike testimony, that the motion for new trial failed to specifically allege excessiveness of damages, that there was no evidence of an unavoidable accident, and that the issue of the defendant's failure to keep right was properly submitted to the jury. The Court relied on established Texas precedent regarding timeliness of objections and the specificity required in a motion for new trial.