Schwartz v. Hibdon
Schwartz v. Hibdon
Opinion of the Court
The opinion contains the following language: “We believe the question is not so much whether there was a submissible issue for a jury as whether Thompson was negligent as a matter of law.” “He had a clear duty to exercise due care in attempting to pass the deceased. We do not believe he did. It is also evident he did not have his truck under reasonable control when
As a matter of clarification, the foregoing conclusions were not intended to control the rulings of the trial court or the manner of its submission to the jury if it be determined that a jury question is presented.
With this clarification of our opinion, the motion for rehearing is overruled.
Original, Opinion Clarified.
Motion for Rehearing Overruled.
Reference
- Full Case Name
- Keith S. Schwartz and Kenneth P. Schwartz, executors of the estate of Joseph Schwartz v. B. R. Hibdon, First and Real Name unknown, doing business as Oil Field Dozer Service
- Status
- Published