Big Mack Trucking Co., Inc. v. Dickerson
Supreme Court of Texas
497 S.W.2d 283 (Tex. 1973)
Two truck drivers who worked for Big Mack Trucking Co., Inc. (Big Mack) (defendant) parked their trucks one behind the other on a hill. The brakes on Leday’s truck were not working properly and it rolled forward, trapping Dickerson between the two trucks and killing him. Dickerson’s wife and children (the Dickersons) (plaintiffs) brought a wrongful death action against Big Mack. The Dickersons sought to introduce into evidence a statement about the faultiness of the brakes made by Leday to two individuals: Stiles, the vice president of Big Mack, and Harwell, the investigating police officer. The statement to Harwell was made at the scene, but not until after the ambulance had taken Dickerson away. The trial court allowed the statements to be admitted and found in favor of the Dickersons. The court of civil appeals affirmed. Big Mack appealed.
Rule of Law
Holding and Reasoning (Johnson, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 710,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 710,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 44,600 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.