C & R Transport, Inc. v. Campbell
| Decision Date | 15 July 1965 |
| Docket Number | No. 150,150 |
| Citation | 393 S.W.2d 727 |
| Parties | C. & R TRANSPORT, INC., et al., Appellants, v. Brinkley CAMPBELL, Appellee. |
| Court | Texas Court of Appeals |
Herbert Boyland, Kenley & Boyland, Longview, for appellants.
Gordon Wellborn and Rex Houston, William W. McNeal, Henderson, Fred Erisman, Longview, for appellee.
Brinkley Campbell brought this suit against C & R Transport, Inc., and James H. Robbins to recover personal injury damages to himself and for damages to his truck. The case was tried to a jury and resulted in the trial court entering judgment for Campbell in the sum of $13,507.84.
The collision took place on Highway 80 between Gladewater and Longview, about 10 or 11 o'clock in the morning, on a bright sunny day. Both vehicles were traveling east. The Campbell car was a pickup truck and was in front of the C & R Transport truck, driven by its employee, James H. Robbins. The C & R Transport truck was heavily loaded. The evidence shows the weight to be some 72,000 pounds. The evidence is to the effect that Campbell was operating his pickup truck in the south lane of the four-lane highway, driving east at about 35 miles per hour. The defendants allege and offered proof by the driver of its truck that its truck topped a hill while it was traveling east on Highway 80 and saw the plaintiff's truck on the shoulder of the highway; and after its truck was too close to the pickup to avoid a collision, the pickup pulled out into the path of the defendants' truck. This issue was submitted to the jury and the jury found that Campbell did not drive his pickup truck from the shoulder of the highway onto the highway immediately before the collision, and there lies the trouble with this lawsuit.
The defendants further plead that Campbell failed to keep a proper lookout on the occasion in question and that his failure to do so was the proximate cause of the collision. This issue was answered by the jury in favor of the defendants. The jury also found the defendants failed to keep a proper lookout, which was the proximate cause of the accident. Both parties filed motions for judgment based upon the jury's verdict. The motion of the plaintiff was that there was no evidence to sustain the jury's finding that Campbell failed to keep a proper lookout, and the court should disregard the jury's finding on that issue and enter judgment for the plaintiff. The court granted this motion and entered judgment for plaintiff Campbell, to which the defendants excepted and the appeal is properly before this court.
The appellants at page 3 of their brief state:
'This appeal is confined to the sole question of whether or not there was any evidence to support a jury finding that Plaintiff failed to keep a proper lookout and such failure was a proximate cause of the accident.'
It is settled in this...
To continue reading
Request your trial
-
C. & R. Transport, Inc. v. Campbell, A--11076
...the rear by a truck owned by defendant, C. & R. Transport, Inc., and driven by James H. Robbins. The Court of Civil Appeals affirmed. 393 S.W.2d 727. We reverse the judgments of the courts below and remand the cause of the trial court for a new Both vehicles were traveling in an easterly di......