East Texas Motor Freight, Diamond Division v. Lloyd

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “Having found a new trial is necessary, we nonetheless address the remaining contentions in the interest of judicial economy and so as to give guidance to the trial court.”
• existence of negligence is usually question for the jury and can be removed from jury only when facts leave no room for doubt
• existence of negligence is usually question for the jury and can be removed from jury only when facts leave no room for doubt
• it is unnecessary for this Court on appeal to address an argument not presented at trial but subsequently presented in opposition to a motion for directed verdict and in post-verdict motions
• it is unnecessary for this Court on appeal to address an argument not presented at trial but subsequently presented in opposition to a motion for directed verdict and in post-verdict motions
• It is within jury’s province to define terms of parol modification of contract and, unless party’s version of modification is not supported, trial court should not declare that modification did not exist

Source: CourtListener parenthetical corpus (CC0).