Muckleroy v. C. S. Hamilton Motor Co. (33 S.W.2d 260, 1930)

LEVY, J.

(after stating the case as above).

It is conceded that it is the clearly followed principle that where the answer by the jury to material special issues are inconsistent, in view of all the special findings, ⅛ judgment thereon has not legal support Waller v. Liles, 96 Tex. 21, 70 S. W. 17; and other cases. And it is believed that giving the proper legal effect to all the special findings, as constituting a given state of existing facts, there arises a conflict and an incon- ■ sisteney in 'the answers by the jury such as would legally operate to deny any judgment being taken thereon. According to the findings of the jury, the driver of the appellee’s automobile