Valdez Et Al. v. Yellow Cab Co. Et Al‪.‬

NORVELL, Justice. This is an action for damages by reason of the death of Desiderio Valdez, who was struck by a Yellow Cab while walking along the highway. The jury found that the cab driver, Manuel Davila, Jr., failed to keep a proper lookout, which was a proximate cause of the accident. They also found that Valdez was guilty of a number of negligent acts which were proximate causes of the accident. Upon the contributory negligence findings, judgment was rendered for defendants. Appellants do not attack the sufficiency of the evidence to support such findings, but contend that the court erred in failing to submit the theory that Manuel Davila, Jr., was guilty of negligence per se in exceeding the speed limit established by an ordinance of the City of San Antonio, and that the court erred in failing to hold that certain interrogations addressed to Manuel Davila, Jr., should be taken as answered in the affirmative, under the provisions of Rule 169, Texas Rules of Civil Procedure. The effect of such affirmative answers would be to convict Davila of further acts of negligence.