George J. Baumler v. Mrs. Dorothy B. Hazelwood Administratrix

This is a damage suit arising out of a collision on Highway 77 north of Dallas in which Hazelwood was killed. Baumler brought the suit against the administratrix of Hazelwoods estate, and she brought a cross action against Baumler. The jury found Hazelwood guilty of negligence and Baumler guilty of contributory negligence. Judgment was entered that both parties take nothing. Only Baumler appealed. The judgment was affirmed by the Dallas Court of Civil Appeals, 339 S.W.2d 75. The only question before us is whether there is any evidence to support the answers of the jury as to Baumlers contributory negligence; i.e., the jury findings that Baumler was traveling at a greater rate of speed than a person of ordinary prudence under the circumstances, and that his speed was a proximate cause of the accident. We find that there is no evidence to support the finding that Baumlers speed was a proximate cause.