177 S.W. 954 | Tex. | 1915
It is the practice of this court to defer to the finding of a jury where the facts are in issue. But if, under the circumstances shown in this case, it may be held that Bogue, in disregard of rules framed for his own protection under such a condition as was presented at the time of this collision, could plunge ahead with Ms car and take the risk of its smashing into the rear of a car which he knew was just ahead of him, and then be relieved of the consequence of his act, it might as well as announced in the same connection that in this jurisdiction the law of contributory negligence no longer has any force.
The motion for rehearing has been carefully considered, and is overruled.
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