(DOWNLOAD) "Cowan v. Dean Et Al." by Court of Criminal Appeals of Texas " Book PDF Kindle ePub Free
eBook details
- Title: Cowan v. Dean Et Al.
- Author : Court of Criminal Appeals of Texas
- Release Date : January 23, 1965
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
HOMEYER, J. This is a street crossing accident case. Two separate collisions were involved, but plaintiff-appellant sought a single recovery for his injuries from the defendants, Dean and Jackson, alleging joint negligence in his complaint. Each defendant by separate answer denied negligence, alleged contributory negligence more than slight, and cross-claimed for judgment holding the other liable for all or part of any recovery made by plaintiff under SDC 1960 Supp. 33.04A, the Uniform Contribution Among Tortfeasors Law. At the close of plaintiffs case in chief the trial court directed a verdict in favor of the defendant Dean on the basis the evidence showed plaintiff was guilty of contributory negligence more than slight as a matter of law proximately causing or contributing to his injuries. At the same time the court ruled the defendants were independent tortfeasors and that the defense of contributory negligence was not available to the defendant Jackson. The jury was instructed there was no evidence of permanent injury caused by the Jackson vehicle and his liability was limited to damages for aggravation of pain and suffering, loss of earnings, medical and hospital bills proximately caused by the preceding accident involving the Dean vehicle. The jury fixed such damages at $1,600 and judgment was entered thereon. Defendant Jackson paid this judgment and a satisfaction thereof by plaintiff appears in the record. Plaintiff appeals from the judgment of dismissal as to the defendant Dean.
 "Cowan v. Dean Et Al." by Court of Criminal Appeals of Texas " Book PDF Kindle ePub Free){kind=link}