TIREY, Justice.
This is a collision case (non-jury). It appears that the parties stipulated as to the amount of damages and then the court heard the case on the theory as to the way the accident happened. The court awarded damages in favor of plaintiff in the amount of $1,178, and decreed that defendant take nothing on his cross-action against plaintiff and defendant excepted and duly perfected his appeal to the San Antonio Court of Civil Appeals and the case is here...
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