Texas Supreme Court

Mary A. Boaz v. White’s Auto Stores

June 9, 1943141 Tex. 366

Summary

The Texas Supreme Court reversed the Court of Civil Appeals and remanded the case, holding that the deceased's alleged negligence could not be deemed contributory negligence as a matter of law and that the jury instruction labeling the truck driver negligent was improper under Rule 277. The court reinstated the trial court's judgment for the plaintiff and required a new trial consistent with these rulings.