Harold Clark, Petitioners v. William Loyd Waggoner, Respondent

Summary

The Texas Supreme Court held that the foreseeability element of proximate cause was conclusively shown as a matter of law, affirming the trial court's judgment and reversing the Court of Civil Appeals; it also affirmed the trial court's allowance of a credit against damages under Rule 39. Justice Walker dissented, arguing that foreseeability is a factual issue for the jury and would have affirmed the appellate court.