Yeager v. J. D. Abrams, Inc., 6222
| Decision Date | 12 April 1972 |
| Docket Number | No. 6222,6222 |
| Citation | 480 S.W.2d 271 |
| Parties | William G. YEAGER, Appellant, v. J. D. ABRAMS, INC., Appellee. |
| Court | Texas Court of Appeals |
Paxson & Santiesteban, Robert E. Kennedy, Marshall I. Yaker, El Paso, for appellant.
Hardie, Grambling, Sims & Galatzan, Sam Sparks, El Paso, for appellee.
William G. Yeager, Appellant-plaintiff, filed this action against Harvey Dell Sims, individually and as agent for Kenneth L. Sims, and against J. D. Abrams, Inc., for damages resulting from an automobile intersection collision. At the conclusion of the presentation of evidence by the plaintiff, all defendants moved for directed verdict . The trial Court overruled the motion of Sims, but directed a verdict for Abrams. The plaintiff then took a nonsuit as to Sims and judgment was entered that he take nothing as to Abrams. This appeal is from the judgment sustaining Abrams' motion for directed verdict. We are of the opinion that the judgment should be affirmed .
The written Motion for Directed Verdict of Appellee-defendant Abrams was based on specific grounds, as required by Rule 268, Texas Rules of Civil Procedure. These were five in number. The trial Court did not state upon which grounds the motion was sustained. Appellant's points of error are directed at only two, or possibly three, of such grounds. We are of the opinion that one of the grounds not complained of on appeal is well taken and will support the action of the trial Court. For that reason, we affirm the judgment. Malooly Brothers, Inc. v. Napier et al., 461 S.W.2d 119 (Tex.Sup.1970).
Appellee plead contributory negligence on the part of Appellant, alleging that he ran a stop sign in violation of Article 6701d, Vernon's Ann.Civ.St. One of the grounds for Abrams' Motion for Directed Verdict was that the evidence was undisputed that Appellant did run the stop sign and caused the...
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McCarley v. Hopkins, 01-84-0446-CV
...his ruling must be upheld if any of the stated grounds in the motion entitled the moving party to the directed verdict. Yeager v. Abrams, 480 S.W.2d 271 (Tex.Civ.App.--El Paso 1972, no writ). An instructed verdict is proper (1) when a defect in the opponent's pleadings makes them insufficie......