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Impson v. Structural Metals, Inc.

The Supreme Court of Texas
487 S.W.2d 694 (1972)


A driver of a truck owned by Structural Metals (defendant) attempted to pass a car containing Impson (plaintiff) within 100 feet of an intersection. Impson’s car turned left at the intersection and Structural Metal’s truck collided with Impson’s car, killing and causing injury to some of the car’s passengers. Impson brought a negligence action against Structural Metals. In the jurisdiction, a statute prohibits passing another vehicle within 100 feet of an intersection. Because the trial court found that the truck driver violated the statute, Structural Metals was negligent as a matter of law and liable for Impson’s damages. On appeal, Structural Metals offered excuses for its noncompliance with the statute. Structural Metals claimed that the truck driver had forgotten about the intersection, the sign indicating the intersection was too small, there were no lines on the road, and that the truck driver was watching the car in front of him instead of looking for the intersection sign. Because of these excuses, the Texas Court of Appeal reversed, holding that the trial court should have submitted the issue of negligence to the jury.

Rule of Law


Holding and Reasoning (Greenhill, J.)

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