Imogene Driver v. Worth Construction Company

This is a suit for damages resulting from the death of Boyd Driver, husband of petitioner. Driver died as a result of injuries suffered by him when about 2 A.M., on the night of May 13, 1952, he drove his automobile down a portion of a new roadway then under construction by respondent, Worth Construction Co., hereinafter called contractor, in Tarrant County, Texas. Petitioner alleged that contractor had an open pit about sixteen inches deep where Ohio Garden Street crossed this new highway and that contractor had no barricade, flares, or warning signs to prevent travelers on this new roadway from driving into said pit. A trial was had to a jury. After the jury had returned its verdict, petitioner filed her motion to disregard findings of the jury and for judgment, and contractor filed a motion for judgment on the jurys verdict. The trial court heard argument on both motions and granted contractors motion, but overruled petitioners motion. On petitioners appeal the Court of Civil Appeals affirmed the trial courts judgment. 264 S.W.2d 174. Both parties applied for a writ of error, and we granted both applications.