40 S.W.2d 981 | Tex. App. | 1931
Mrs. J. F. Jenkins was driving her automobile westerly on McKinley avenue, and W. B. Dodrill was driving his automobile southerly on Byron street, in the city of El Paso, when a collision occurred between the two cars at the intersection of said streets.
Mrs. Jenkins, joined by her husband, brought this suit in the justice of the peace court against Dodrill for the damage to her car, alleging negligence, and placing the damages at $125 as the proximate result of the negligence assigned. Dodrill answered denying negligence on his part, and filed a cross-action against Mrs. Jenkins and her husband for damages to his automobile in the sum of $120, alleging negligence on her part, and the damages sustained as the proximate result of the negligence assigned. The case was tried, and judgment rendered in the justice court, from which an appeal was duly prosecuted to the county court at law.
The case was tried with a jury, in the county court at law, and all issues of fact were found in appellee's favor, and judgment entered on the verdict. The case is here on appeal.
Appellant submits that the regular judge of the county court at law, having certified his disqualification in a certain case, and another having been duly selected and qualified as special judge, and that while the special judge is actually serving as such in the trial of the case, the regular judge is without authority to call and try this case at the same time the special judge is trying the case he qualified to try; that is, both judges cannot function as such regular and special judge in the trial of cases at the same time.
Without quoting from or discussing the cases, we think the following rule the question against appellant's contention under the facts presented: Niagara Ins. Co. v. Lee,
*982No reversible errors appearing, the case is affirmed.