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393 S.W.2d 328

McDonald v. Williamson

Court of Appeals of Texas

Decided July 29, 1965

Court of Appeals of Texas · decided 1965-07-29

Cited by 1 later decisions — most recently December 1976

1 state decisions

Relies on Smith v. United Gas Pipe Line Co. · Querner v. De Spain · Western Union Telegraph Co. v. Hinson

Good law ✅— No negative treatment on recordhow we know

Decided 1965-07-29

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WILSON, Justice.

¶1Defendant appeals from judgment against him based on a jury verdict in a personal injury action arising out of an intersec-tional automobile collision. We affirm.

¶2Complaints are made of jury argument of plaintiffs' counsel. There is no properly preserved record of the argument, and the points may not be considered. See Smith v. United Gas Pipe Line Co., 149 Tex. 69, 228 S.W.2d 139, 143.

¶3It is urged the trial court erred in omitting “unbroken by any new and independent cause” from the definition of “proximate cause” in the charge. Defendant’s pleading contains no reference to new and independent cause. He objected to the definition because of the omission, but made no request for submission. The omission may not be reached by objection rather than by a request, under Rule 279, Texas Rules of Civil Procedure. Querner v. DeSpain, Tex.Civ.App., 339 S.W.2d 723, 725, writ ref. n. r. e.; Western Union Telegraph Co. v. Hinson, Tex.Civ.App., 222 S.W.2d 636, 641, writ ref. n. r. e.

¶4Appellants’ points, including those to the effect the verdict is excessive, are overruled. Affirmed.

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