Altum v. Booth

3 Citing cases

  1. Equistar Chems., LP v. ClydeUnion DB, Ltd.

    579 S.W.3d 505 (Tex. App. 2019)   Cited 10 times

    Thus, exclusion of evidence related to the opportunity-to-cure issue did not probably cause the rendition of an improper judgment. SeeElliott v. Elliott , 21 S.W.3d 913, 922 (Tex. App.—Fort Worth 2000, pet. denied) ("[W]here evidence is immaterial to any issue before the court, erroneous exclusion of that evidence is simply not harmful."); Altum v. Booth , 399 S.W.2d 836, 840 (Tex. Civ. App.—Austin 1966, no writ) ("It would not be reversible error to exclude evidence relating to an immaterial issue.") Equistar’s second issue is overruled.

  2. Brock v. Underwood

    436 S.W.2d 557 (Tex. Civ. App. 1968)   Cited 1 times

    Webster's New Collegiate Dictionary, a Merriam-Webster, 1949. Under these dictionary definitions the vehicles did not enter the intersection at approximately the same time because the Underwood vehicle had already penetrated 18 feet into the intersection before the other vehicle started into it. Numerous intermediate appellate courts have held that the automobile entering the intersection first has the right-of-way. Three examples are the following: Waco Transit Corp. v. Resvanis, 364 S.W.2d 302 (Tex.Civ.App.-Waco, 1963, n.w.h.); Altum v. Booth, 399 S.W.2d 836 (Tex.Civ.App.-Austin, 1966, n.w.h.); Buchanan v. Lang, 247 S.W.2d 445 (Tex.Civ.App.-Waco, 1952, writ ref'd n.r.e.). Mr. Justice Wilson speaking for the court in Waco Transit Corp. v. Resvanis, supra said: 'Appellant, 'in order to claim the right-of-way, was required to show * * * that he was first in the intersection, since the other vehicle was in fact to his right." The points are overruled.

  3. Philipski v. Johnson

    428 S.W.2d 830 (Tex. Civ. App. 1968)   Cited 1 times

    At this point we feel we should allude to the instruction that appellant requested of the court in Point of Error No. 12. We quote from Altum v. Booth, 399 S.W.2d 836, 839 (Tex.Civ.App., 1966; ref., n.w.h.) as follows: "* * * A motorist may rely, and must rely in order not to create traffic confusion, on the right of way given him by law.