Opinion
No. 24100.
October 6, 1948.
1. — Visible — Defined.
Visible means "that which may be seen."
2. — Visibility — Hand Signals — Defined.
Visibility of hand signals as used in Section 69, Chapter 421, Acts of 50th Legislature, regulating traffic on highways, means such as can be seen by one in the ordinarily used and accepted position of one travelling on such highways under ordinary weather conditions.
3. — Visibility — Issue — Determined by Trier of Facts.
Visibility of hand signals as used in Section 69, Chapter 421, Acts of 50th Legislature, is a matter to be determined by trier of facts.
Operation of a truck without proper signal equipment. Appeal from County Court of Dawson County.
Hon. Kilmer B. Corbin, Judge Presiding.
Affirmed.
Carney W. Mimms, of Dallas, and J. Mc. Wassell, of Lamesa, for appellant.
Ernest S. Goens, State's Attorney, of Austin, for the State.
The opinion heretofore handed down herein is withdrawn and the following substituted therefor:
The record herein is similar in every way and is supported by testimony practically the same as that present in our cause No. 24,099, Alton Ward Berryman v. State (Page 253 of this volume), and will be decided in the same way. By virtue of that authority, this cause is affirmed.