Sands v. Cooke, 14096

Decision Date08 May 1963
Docket NumberNo. 14096,14096
Citation368 S.W.2d 111
PartiesF. E. SANDS et al., Appellants, v. C. N. COOKE et al., Appellees.
CourtTexas Court of Appeals

Butler & Stone, Robstown, for appellants.

Keys, Russell, Keys & Watson, Corpus Christi, for appellees.

POPE, Justice.

This is an intersection collision case. F. E. Sands and Lemar Stewart, individually and for their wives, sued C. N. Cooke, d/b/a Cooke Farms and Ranch, and Rudolph Diaz Rena. The jury found Sands, the driver of one vehicle, guilty of contributory negligence and denied recovery to him and his wife. A small judgment for Stewart and his wife was rendered. Sands urges on appeal that there is no evidence of contributory negligence, and if there be any the verdict is against the great weight of the evidence. Both Sands and Stewart urge that the trial court erred in making a comment to the jury. We affirm the judgment.

The jury found that plaintiff Sands failed to keep a proper lookout and that this proximately caused the accident. The evidence showed that Sands was going west on a freeway at night, that defendant Rena drove defendant Cooke's truck and trailer northward across the freeway, and Sands drove into the side of the truck. There was evidence that Rena stopped before entering the south lane of the freeway at a stop sign, and that he then proceeded across the freewar. There was evidence that special tests were made using the same truck and trailer, and that they were visible to Sands for more than half a mile. They could positively be seen and identified at a minimum distance of 412 feet. There was nothing to obstruct Sand's vision. Plaintiff Sands stated that he saw the truck and trailer before they reached the lane in which he was driving. There were other facts. In our opinion, there was evidence which supports the verdict and the findings are not against the great weight of the evidence.

At 4:40 in the afternoon during one day of the trial, Sand's counsel asked for an early recess. There had been evidence that the wives of the two plaintiffs were both interested in and raised orchids and flowers prior to their injuries, and were no longer able to enjoy those activities. The trial court in granting the request, it being a cold day, stated to the jury: 'We will recess then a little early. Some of you may want to look after your flowers and petunias or whatever you might have because it is getting cold outside, and so we will recess until...

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6 cases
  • Jordan v. Walker
    • United States
    • Court of Appeals of Texas. Court of Civil Appeals of Texas
    • 3 Diciembre 1969
    ...from evidence properly admitted. Texas Mexican Ry. Co. v. Bunn, Tex.Civ.App., 264 S.W.2d 518, writ ref., n.r.e.; Sands v. Cooke, Tex.Civ.App., 368 S.W.2d 111, no writ After his injury the plaintiff was hospitalized for 12 days. At the time of the trial in January, 1969, he was still receivi......
  • Davis v. Thompson, 8937
    • United States
    • Court of Appeals of Texas. Court of Civil Appeals of Texas
    • 30 Abril 1979
    ...I'm telling you right now you'll answer yes or no. Do you understand? MR. RUBLE: Very clearly, sir. THE COURT: Proceed. In Sands v. Cooke, 368 S.W.2d 111, 112-13 (Tex.Civ.App. San Antonio 1963, no writ), the court pointed out (A) 'judge is necessarily allowed some discretion in expressing h......
  • Texas Emp. Ins. Ass'n v. Garza
    • United States
    • Court of Appeals of Texas. Court of Civil Appeals of Texas
    • 27 Octubre 1977
    ...probable prejudice is shown. Best Investment Company v. Hernandez,479 S.W.2d 759 (Tex.Civ.App. Dallas 1972, writ ref'd n.r.e.); Sands v. Cooke, 368 S.W.2d 111 (Tex.Civ.App. San Antonio 1963, no writ); Texas Mexican R. Co. v. Bunn, 264 S.W.2d 518 (Tex.Civ.App. San Antonio 1953, writ ref'd n.......
  • Texas Employers Ins. Ass'n v. Draper, 01-82-0855-CV
    • United States
    • Court of Appeals of Texas
    • 11 Agosto 1983
    ...be ordered unless there is a showing of impropriety, coupled with probable prejudice, and the rendition of an improper verdict. Sands v. Cooke, 368 S.W.2d 111 (Tex.Civ.App.--San Antonio 1963, no writ); Trinity Universal Ins. Co. v. Jolly, 307 S.W.2d 843 (Tex.Civ.App.--Austin 1957 writ ref'd......
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