[DOWNLOAD] "Bernard A. Gottschalk Et Al. v. Gerald W. Rudes" by San Antonio Court of Civil Appeals of Texas " eBook PDF Kindle ePub Free

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eBook details

• Title: Bernard A. Gottschalk Et Al. v. Gerald W. Rudes
• Author : San Antonio Court of Civil Appeals of Texas
• Release Date : January 23, 1958
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

We remain convinced that the judgment must be reversed and remanded for the error of the court in failing to submit to the jury a negligence issue applicable to the minor plaintiff, in connection with the issue of negligence per se as applicable to the minor child, as raised in appellants fifteenth point. However, we have reached the conclusion that we were in error in our further holding that the court in defining proximate cause as applicable to the minor plaintiff, should instruct the jury that the element of foreseeability or anticipation should be measured by the age, intelligence, experience and capacity of the child involved. We based our decision upon what we deemed to be the holding of the Supreme Court in Dallas Ry. & Terminal Co. v. Rogers, 147 Tex. 617, 218 S.W.2d 456, but, after a careful review of that case, we have concluded that while the opinion did mention the fact that the court defined proximate cause as that which reasonably would have been anticipated by a person of ordinary prudence, and while the court also noted that respondents objected to these instructions, along with the courts definition of negligence and proper lookout, it seems clear that what the Court had to say related to the degree of care required of the child under the negligence issue, and not that the standard of care required should be repeated in the definition of proximate cause. Therefore, our opinion delivered on May 14, 1958, in this cause, insofar as it related to the courts definition of proximate cause, is withdrawn and the following substituted in lieu thereof.

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