Ne. Texas Motor Lines, Inc. v. Hodges, 158 S.W.2d 487 (Tex. 1942). · Go Syfert
Ne. Texas Motor Lines, Inc. v. Hodges, 158 S.W.2d 487 (Tex. 1942). Cases Citing This Book View Copy Cite
326 citation events (142 in the last 25 years) across 4 distinct courts.
Strongest positive: In the Interest of A.N.I., a Child v. . (texapp, 2025-08-13)
Treatment trajectory · 1942 → 2026 · click a year to view as-of
1942 1984 2026
Top citers, strongest first. 43 distinct citers. How cited ↗
discussed Cited as authority (quoted) In the Interest of A.N.I., a Child v. .
Tex. App. · 2025 · quote attribution · 1 verbatim quote · confidence low
it is an elementary principle supported by many authorities that a litigant cannot ask something of a court and then complain that the court committed error in giving it to him.
examined Cited as authority (quoted) Aquamarine Pools of Texas LLC v. Cynthia Amelse
Tex. App. · 2024 · quote attribution · 1 verbatim quote · confidence low
it is an elementary principle supported by many authorities that a litigant cannot ask something of a court and then complain that the court committed error in giving it to him. the rule, grounded in even justice and dictated by common sense, is that he is estopped.
discussed Cited as authority (quoted) Lawrence E. Meyers, as Manager of the Ramon Burstyn Irrevocable Trust v. 8007 Burnet Holdings, LLC John Reese Nelson Magen Bullock Nelson Antonio Calvo J.M.N. Enterprises, LLC And 8007 Burnet Road, Austin, Texas, in Rem
Tex. App. · 2020 · quote attribution · 1 verbatim quote · confidence low
it is an elementary principle supported by many authorities that a litigant cannot ask something of a court and then complain that the court committed error in giving it to him.
examined Cited as authority (quoted) Victor Catalanotto v. Meador Oldsmobile LLC F/K/A Meador Oldsmobile Inc. (2×)
Tex. App. · 2011 · quote attribution · 2 verbatim quotes · confidence low
parties may not invite error by requesting an issue and then objecting to its submission.
discussed Cited as authority (quoted) French v. Gill
Tex. App. · 2006 · quote attribution · 1 verbatim quote · confidence low
litigant cannot ask something of a trial court and then complain that the court committed error in giving it_
examined Cited as authority (quoted) Michael A. French, and Wife, Misti Michelle French v. Brian James Gill and Giuseppe v. Riccio, D/B/A Tigers Trucking Company (2×)
Tex. App. · 2006 · quote attribution · 2 verbatim quotes · confidence low
litigant cannot ask something of a trial court and then complain that the court committed error in giving it . . . .
examined Cited as authority (quoted) Cook v. Caterpillar, Inc. (2×)
Tex. App. · 1993 · signal: cf. · quote attribution · 2 verbatim quotes · confidence low
litigant cannot ask something of a court and then complain that the court committed error in giving it to him
cited Cited as authority (rule) Talek Sherman v. Brain Setter and Vets Securing America
Tex. App. · 2025 · confidence medium
“The rule is grounded in justice and dictated by common sense.” Id. at 861 (citing Hodges, 158 S.W.2d at 488).
cited Cited as authority (rule) In the Matter of the Marriage of Tamara Lynn Fraker and Christopher Schubert and in the Interest of D.R.S., a Child v. the State of Texas
Tex. App. · 2025 · confidence medium
Tex. Motor Lines v. Hodges, 158 S.W.2d 487, 488 (Tex. 1942)).
cited Cited as authority (rule) DHI Holdings, LP v. Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-He3, Mortgage Pass-Through Certificates, Series 2006-He3 Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-He3 And Specialized Loan Servicing, LLC
Tex. App. · 2021 · confidence medium
Tittizer v. Union Gas Corp., 171 S.W.3d 857, 862 (Tex. 2005) (citing Northeast Tex. Motor Lines v. Hodges, 158 S.W.2d 487, 488 (Tex. [Comm’n App.] 1942)).
discussed Cited as authority (rule) Jude Ugwu v. Cynthia Ugwu
Tex. App. · 2019 · confidence medium
Moreover, assuming Jude could dispute parentage at trial, Jude’s argument disregards his petition, argument, and testimony before the district court, where he expressly asked the district court to consider the DNA test only for the purpose showing Cynthia’s infidelity and expressly asked that it not be considered in any manner that would impact his “very strong relationship with [daughter].” “A party to a lawsuit cannot ask something of a trial court and then complain on appeal that the trial court committed error in granting that party’s request.” Naguib v. Naguib, 137 S.W.3d 36…
cited Cited as authority (rule) Sabrina K. Griggs, Trustee of the Gloria A. Griggs Revocable Living Trust v. Dalhart Butane & Equipment Co., Ltd., Etter Water Well, LLC, D/B/A Etter Water Well Service and Dale Ball
Tex. App. · 2019 · confidence medium
Tex. Motor Lines, Inc. v. Hodges, 138 Tex. 280 , 158 S.W.2d 487, 487-88 (Tex. 1942)).
cited Cited as authority (rule) Jennifer Osagiede, as Representative of the Estate of Sule Osagiede v. Lazaro Aguilar
Tex. App. · 2017 · confidence medium
Tex. Motor Lines, Inc. v. Hodges, 158 S.W.2d 487, 488 (Tex. 1942); Neasbitt v. Warren, 22 S.W.3d 107, 112 (Tex. App.—Fort Worth 2000, no pet.).
discussed Cited as authority (rule) Lakota Energy Limited Partnership v. Merit Management Partners I, L.P. Merit Energy Partners III, L.P. And Merit Energy Company, LLC
Tex. App. · 2016 · confidence medium
Tex. Motor Lines, Inc. v. Hodges, 158 S.W.2d 487, 488 (Tex. 1942) (holding “a litigant cannot ask something of a court and then complain that the court committed error in giving it to him”).
discussed Cited as authority (rule) Shamark Smith Limited Partnership, Sharon D. Marcus, and Paul J. Smith v. Martin M. Longoria
Tex. App. · 2015 · confidence medium
The record shows that Appellants got that which they requested - they asked the court to question the veniremembers “as a whole.” (RR4:142) See Northeast Texas Motor Lines, Inc. v. Hodges, 158 S.W.2d 487, 488 (Tex. 1942) (a litigant cannot ask something of a court and then complain that the court committed error in giving it - the litigant is estopped).
cited Cited as authority (rule) Lockhill Ventures, LLC v. Ard Mor, Inc., Texas Ardmor Properties, LP, and Texas Ardmore Management, LLC
Tex. App. · 2015 · confidence medium
Northeast Tex. Motor Lines v. Hodges, 158 S.W.2d 487, 488 (Tex. 1942); Bluestar Energy, Inc. v. Murphy, 205 S.W.3d 96, 101 (Tex. App.—Eastland 2006, pet. denied).
cited Cited as authority (rule) Glattly v. Air Starter Components, Inc.
Tex. App. · 2011 · confidence medium
Air Starter cites Northeast Texas Motor Lines v. Hodges, Inc., 138 Tex. 280 , 158 S.W.2d 487, 488 (1942).
discussed Cited as authority (rule) James E. Glattly, David Molina, and Specialized Components, Inc. v. Air Starter Components, Inc. (2×) also: Cited "see"
Tex. App. · 2010 · confidence medium
Air Starter cites Northeast Texas Motor Lines v. Hodges, Inc. , 158 S.W.2d 487, 488 (Tex. 1942).
discussed Cited as authority (rule) Dana Corporation v. Microtherm, Inc. and David E. Seitz, Individually
Tex. App. · 2010 · confidence medium
Tex. Motor Lines, Inc. v. Hodges , 138 Tex. 280 , 158 S.W.2d 487, 488 (Tex. 1942) (explaining that because a party presented two charge issues together, it cannot be heard to complain that court chose the issue that was more onerous to it and concluding that "a litigant cannot ask something of a court and then complain that the court committed error in giving it to him.
discussed Cited as authority (rule) Dana Corporation v. Microtherm, Inc. and David E. Seitz, Individually
Tex. App. · 2010 · confidence medium
Tex. Motor Lines, Inc. v. Hodges, 138 Tex. 280 , 158 S.W.2d 487, 488 (Tex. 1942) (explaining that because a party presented two charge issues together, it cannot be heard to complain that court chose the issue that was more onerous to it and concluding that "a litigant cannot ask something of a court and then complain that the court committed error in giving it to him.
discussed Cited as authority (rule) G. Cameron Duncan, Jr., F.B. Duncan Land Partners, Ltd., May Shellmire Duncan, Genevieve Lykes Duncan, Mary Belle Rogers, in Her Capacities as and Trustee of the Estate of Susan Hershey Helm, and Olive Hershey Spitzmiller v. J. Michael Hershey and Jeffrey M. Hershey
Tex. App. · 2009 · confidence medium
Northeast Texas Motor Lines, Inc. v. Hodges, 138 Tex. 280, 282 , 158 S.W.2d 487, 488-89 (Tex. 1942) (because party presented two issues together, it cannot be heard to complain that court chose the issue the more onerous to it).
discussed Cited as authority (rule) G. Cameron Duncan, Jr., F.B. Duncan Land Partners, Ltd., May Shellmire Duncan, Genevieve Lykes Duncan, Mary Belle Rogers, in Her Capacities as and Trustee of the Estate of Susan Hershey Helm, and Olive Hershey Spitzmiller v. J. Michael Hershey and Jeffrey M. Hershey
Tex. App. · 2009 · confidence medium
Northeast Texas Motor Lines, Inc. v. Hodges, 138 Tex. 280, 282 , 158 S.W.2d 487, 488-89 (Tex. 1942) (because party presented two issues together, it cannot be heard to complain that court chose the issue the more onerous to it).
cited Cited as authority (rule) Naguib v. Naguib
Tex. App. · 2004 · confidence medium
Northeast Texas Motor Lines, Inc. v. Hodges, 138 Tex. 280, 282 , 158 S.W.2d 487, 488 (1942).
cited Cited as authority (rule) Guadalupe Guajardo, Jr. v. Texas Board of Pardons and Paroles
Tex. App. · 2004 · confidence medium
Northeast Tex. Motor Lines, Inc. v. Hodges, 158 S.W.2d 487, 488 (Tex. 1942); Austin Transp.
cited Cited as authority (rule) Guadalupe Guajardo, Jr. v. Texas Board of Pardons and Paroles
Tex. App. · 2004 · confidence medium
Northeast Tex. Motor Lines, Inc. v. Hodges , 158 S.W.2d 487, 488 (Tex. 1942); Austin Transp.
cited Cited as authority (rule) Brandywood Housing, Ltd. v. Texas Department of Transportation
Tex. App. · 2002 · confidence medium
Northeast Texas Motor Lines, Inc. v. Hodges, 138 Tex. 280 , 158 S.W.2d 487, 488 (1942); Dolenz v. American Gen.
cited Cited as authority (rule) Griffin, Claudia Moore v. Watley, George T.
Tex. App. · 2001 · confidence medium
Northeast Texas Motor Lines, Inc. v. Hodges , 138 Tex. 280 , 158 S.W.2d 487, 488 (1942).
discussed Cited "see" Haler, Randall Lee v. Boyington Capital Group, Inc. (2×)
Tex. App. · 2013 · signal: see · confidence high
See Tittizer v. Union Gas Corp., 171 S.W.3d 857, 861 (Tex.2005) (citing Northeast Tex. Motor Lines v. Hodges, 138 Tex. 280 , 158 S.W.2d 487 , 488 (1942)).
discussed Cited "see" Dana Corporation v. Microtherm, Inc. and David E. Seitz, Individually (2×)
Tex. App. · 2009 · signal: accord · confidence high
Co., 896 S.W.2d S.W.3d 388, 389 (Tex. App.–Houston [1st Dist.] 1995, writ denied); see Gammage, 668 S.W.2d at 322 ("We disapprove a practice by which a party, by motion, induces the trial court on the one hand to render a judgment, but reserves in a brief the right for the movant to attack the judgment if the court grants the motion."); JCW Elecs., Inc. v. Garza, 176 S.W.3d 618, 628 (Tex. App.–Corpus Christi 2005), rev'd on other grounds, 257 S.W.3d 701 (Tex. 2008) ("[W]hen a party files a motion for entry of judgment, that party cannot take a position on appeal that is inconsistent with t…
discussed Cited "see" Dana Corporation v. Microtherm, Inc. and David E. Seitz, Individually (2×)
Tex. App. · 2009 · signal: accord · confidence high
Co. , 896 S.W.2d S.W.3d 388, 389 (Tex. App.-Houston [1st Dist.] 1995, writ denied); see Gammage , 668 S.W.2d at 322 ("We disapprove a practice by which a party, by motion, induces the trial court on the one hand to render a judgment, but reserves in a brief the right for the movant to attack the judgment if the court grants the motion."); JCW Elecs., Inc. v. Garza , 176 S.W.3d 618, 628 (Tex. App.-Corpus Christi 2005), rev'd on other grounds, 257 S.W.3d 701 (Tex. 2008) ("[W]hen a party files a motion for entry of judgment, that party cannot take a position on appeal that is inconsistent with th…
discussed Cited "see" Alfonso Demetrio Rodriguez v. State (2×)
Tex. App. · 2007 · signal: see · confidence high
See Northeast Tex. Motor Lines, Inc. v. Hodges , 138 Tex. 280 , 158 S.W.2d 487 -88 (1942).
discussed Cited "see" In Re SLM (2×)
Tex. App. · 2002 · signal: see · confidence high
See Northeast Tex. Motor Lines, Inc. v. Hodges, *230 138 Tex. 280 , 158 S.W.2d 487 -88 (1942).
discussed Cited "see" In the Interest of S.L.M. and J.A.M., Children (2×)
Tex. App. · 2002 · signal: see · confidence high
See Northeast Tex. Motor Lines, Inc. v. Hodg *230 es, 138 Tex. 280 , 158 S.W.2d 487 -88 (1942).
discussed Cited "see" in the Interest of Stephanie Leigh Moore and Jessica Ashlee Moore, Children (2×)
Tex. App. · 2002 · signal: see · confidence high
See Northeast Tex. Motor Lines, Inc. v. Hodges , 138 Tex. 280 , 158 S.W.2d 487 -88 (1942).
cited Cited "see" Bryant, Le Earl v. Canyon Creek Roof, Inc.
Tex. App. · 2001 · signal: see · confidence high
See Hodges , 158 S.W.2d at 488 .
discussed Cited "see" Kelly v. Cunningham
Tex. App. · 1993 · signal: see · confidence high
See Northeast Texas Motor Lines, Inc. v. Hodges, 158 S.W.2d 487, 488 (Tex.1942) (litigant asking something of a court is estopped to complain that the court erred in giving it to him); see also Cherry v. Cherry, 384 S.W.2d 912, 914 (Tex.Civ.App.—Houston [1st Dist.] 1964, no writ) (appellant estopped to complain of portion of divorce decree he suggested and court incorporated pursuant to parties’ agreement).
examined Cited "see" Walker v. Federal Kemper Life Assurance Co. (4×) also: Cited "see, e.g."
Tex. App. · 1992 · signal: see · confidence high
See Northeast Texas Motor Lines, Inc. v. Hodges, 138 Tex. 280 , 158 S.W.2d 487 , 488 (1942); Ramos v. Horton, 456 S.W.2d 565, 567 (Tex.Civ.App.—El Paso 1970, no writ).
discussed Cited "see" American Western Group, Inc. v. Butler (2×)
Tex. App. · 1986 · signal: see · confidence high
See Northeast Texas Motor Lines v. Hodges, 138 Tex. 280 , 158 S.W.2d 487 at 488 (1942, opinion adopted), which states: “[A] litigant cannot ask something of a court and then complain that the court committed error in giving it to him.” We decline to hold that the trial court erred in granting leave for American Western’s attorney to rely upon Comanche and to absent himself from the trial.
discussed Cited "see" Herbert v. Herbert (2×)
Tex. App. · 1985 · signal: see · confidence high
See Northeast Texas Motor Lines Inc. v. Hodges, 138 Tex. 280 , 158 S.W.2d 487, 488 (Tex.Comm’n App. 1942, opinion adopted).
discussed Cited "see" Wilson v. State (2×)
Tex. App. · 1979 · signal: see · confidence high
See Northeast Texas Motor Lines v. Hodges, 138 Tex. 280 , 158 S.W.2d 487 , 489 (Tex.Comm’n App. 1942, opinion adopted).
examined Cited "see" Barclay v. CC Pitts Sand and Gravel Company (4×)
Tex. · 1965 · signal: see · confidence high
See Northeast Texas Motor Lines v. Hodges, 138 Tex. 280 , 158 S.W.2d 487 ; Schuhmacher Co. v. Holcomb, 142 Tex. *647 332, 177 S.W.2d 951 ; Choate v. Meredith, Tex.Civ.App., 330 S.W.2d 548 (writ ref. n. r. e.); Intges v. Dunn, Tex.Civ.App., 311 S.W.2d 877 (writ ref. n. r. e.).
discussed Cited "see, e.g." Armellini Express Lines of Florida, Inc. v. Ansley
Tex. App. · 1980 · signal: see also · confidence low
See also Northeast Texas Motor Lines v. Hodges, 158 S.W.2d 487 , 489 (Tex.Sup.1942), and see Keyser v. Lackey, 523 S.W.2d 295 (Tex.Civ.App.-Corpus Christi 1975, no writ); Samford v. Duff, 483 S.W.2d 517 (Tex.Civ.App.-Corpus Christi 1972, writ ref d n.r.e.).
Retrieving the full opinion text from the archive…
Northeast Texas Motor Lines, Incorporated,
v.
J. L. Hodges
No. 7777..
Texas Supreme Court.
Jan 7, 1942.
158 S.W.2d 487
R.T. Bailey, of Dallas, for plaintiff in error. The Court of Civil Appeals erred in overruling defendant's objection to the special issues regarding the question of whether the blinding headlights was a new and independent cause of the collision, because the same was not so framed as to place the burden of proof upon the plaintiff. Rosenthal Dry Goods Co. v. Hillebrandt, 7 S.W.2d 521 ; Horton Horton v. House, 29 S.W.2d 984 ; Dallas Ry. Co. v. Little, 109 S.W.2d 289 . Smith Dowdy, of McKinney, and John W. West and W.H. Hall, of Dallas, for defendant in error. It was not error for the Court of Civil Appeals to overrule plaintiff in error's proposition set out above. West Texas Trans. Co. v. Hash, 43 S.W.2d 153 ; Braden v. State, 108 S.W.2d 314 ; Texas Emp. Ins. Assn. v. McNorton, 92 S.W.2d 562 , writ of error dismissed, 132 Tex. 168 , 122 S.W.2d 1043 .
Brewster.
Cited by 147 opinions  |  Published
6 passages pin-cited by 7 cases
Pinpoint authority: #7,799 of 633,719
Citer courts: Court of Appeals of Texas (10)
Mr. Judge Brewster

delivered the opinion of the Commission of Appeals, Section A.

This is a suit for damages brought by J. L. Hodges, respondent, against Northeast Texas Motor Lines, Inc., petitioner, for injuries to Mrs. Hodges and damage to his truck alleged to have been sustained in a collision between petitioner’s truck and one driven by Hodges. A jury verdict on special issues resulted in a judgment for Hodg'es, which was affirmed by the Court of Civil Appeals, at Dallas. 141 S. W. (2d) 386. A full statement of the case is there given, hence the same will not be repeated here, except as may be necessary to explain our views.

Petitioner urges five points of error, all relating to the court’s charge. The first complains of the form and substance of an issue submitted ,the other four complain of the refusal of six requested issues.

Special issue 13, of the court’s charge, was as follows:

“Do you find from a preponderance of the evidence that the blinding headlights of the automobile that J. L. Hodges met immediately prior to the collision in question was a new and independent cause of the collision in question?”

Petitioner contends that this issue placed the burden of proof on it rather than on Hodges. We have concluded that we are not called upon to decide whether there was error in this regard. The record reflects that “before the court’s charge has been read to the jury” petitioner presented to the court twenty-nine requested special issues. The twenty-seventh of these was[*282] in the exact language of the aforesaid special issue No. 13, which circumstance is explained by the trial court’s order noted on requested special issue No. 27, as follows:

“The foregoing Special Requested Issue of the defendant was presented to the court and counsel for the plaintiff before the court’s charge had been read to the jury, and the same was by the court given as special issue No. 13, to which action of the court the defendant excepted.”

Next following said requested special issue No. 27 and the court’s above-quoted notation thereon was “Defendant’s Requested Special Issue No. 28,” which was as follows:

“Do you find from a preponderance of the evidence that the blinding headlights of the automobile that J. L. Hodges met immediately prior to the collision in question was not (italics ours) a new and independent cause of the collision in question?”

Then followed the court’s notation of refusal and exception by petitioner.

The only difference, therefore, between the two issues so requested by petitioner is that the word not appears in No. 28, which was refused, and is absent from No. 27, which was given. Clearly the two issues carry the same ultimate disputed fact, and whichever one was given the court could take an affirmative answer thereto and enter the same judgment thereon as he could enter on a negative answer to the other. So, in practical effect, the only error, if any, in the court’s submission of requested special issue No. 27 rather than No. 28 was that he thereby placed the burden of proof on the defendant (petitioner) rather than on the plaintiff (Hodges) as he would have done had he given requested special issue No. 28.

However, we believe the situation presents no reversible error for the obvious reason that the error, if any, was made at the invitation and solicitation of the petitioner, the trial judge having certified that he gave requested special issue No. 27 as special issue No. 13 of his charge. It is an elementary principle supported by many authorities that a litigant cannot ask something of a court and then complain that the court committed error in giving it to him. The rule, grounded in even justice and dictated by common sense, is that he is estopped. Texas & P. Ry. Co. v. Gibson (Com. App.), 288 S. W. 823; Guaranty State Bank v. Beard (Civ. App.), 18 S. W. (2d) 679;[*283] Braden v. State (Civ. App.), 108 S. W. (2d) 314; Whitehead v. Traders & General Ins. Co. (Civ. App.), 128 S. W. (2d) 429, citing numerous authorities; 3 Tex. Jur., sec. 733, p. 1033.

Nor is petitioner’s point saved, as it contends, by the fact that it presented a correct charge in requested issue No. 28. If it presented the two issues together it did so knowing that the court could not, in reason, give both but would have to choose between them. So, having put the court in a dilemma, it cannot now be heard to complain that he chose the issue the more onerous to it. The same principle would apply to a consecutive tender of the two issues since that would mean that No. 27 was presented first. Having requested and secured its submission petitioner certainly cannot successfully protest the court’s refusal later to give a second issue different only in that it reversed the burden of proof. Otherwise, our practice permitting the parties to tender issues to a trial judge striving to' construct a correct charge would cease to be a helpful contribution to orderly judicial process.

Petitioner’s remaining four points of error will be considered together since they relate to the trial court’s refusal of six requested special issues and to the Court of Civil Appeals’ holding that such refusal was not error because all the factual elements embodied in the six requested instructions were submitted in other issues given in the court’s charge.

These requested issues were in two groups. Issue No. 7 was as to whether immediately prior to the collision Hodges was operating his truck at such rate of speed that he could not stop it within the range of his vision. Nos. 8 and 9 inquired, respectively, whether such operation was negligence and whether such negligence proximately contributed to cause the collision. Requested special issue No. 12 inquired as to whether immediately prior to the collision Hodges failed to reduce the speed of his truck upon meeting an automobile with blinding lights approaching from the opposite direction. Nos. 13 and 14 inquired, respectively, whether such failure Was negligence and whether such negligence proximately contributed to cause the collision.

Clearly both requested special issues 7 and 12 related solely to the manner of Hodge’s operation of his truck immediately prior to the collision, the one as to whether he was so operating it that he could not stop it within his range of vision,[*284] the other as to whether he failed to reduce its speed upon meeting blinding lights from another direction, one defense being that Hodges collided with defendant’s truck because just prior thereto he met the car with blinding headlights and did not then properly operate or control his own vehicle. It has never been the policy of the law to lengthen and complicate special issue charges by requiring trial courts to give issues that merely submit various phrases or other shades of meaning of an issue already in the charge. It is required only that each controlling issue raised by the pleadings and the evidence be submitted once, fairly, simply and succinctly. Otherwise, such charge could be drawn out to interminable length confusing not alone to the jury but to court and counsel as well.

We believe that Special Issue 15-G, given at the request of petitioner, “Do you find from a preponderance of the evidence that on the occasion in question, J. L. Hodges failed to have his truck under proper control?” included the subject matter of refused requested issue No. 7 as to whether Hodges was operating the truck at such rate of speed as that he could not stop it within his range of vision, and included the inquiry in refused requested issue No. 12 as to whether he failed to reduce the speed of his truck upon meeting an approaching automobile that had blinding lights. If he was operating his truck at such speed that he could not stop it within his vision range, if he failed to reduce its speed upon meeting the blinding lights of an approaching automobile, manifestly he was failing to have his truck under proper control. The issue given and the two refused related alike to the manner in which Hodges operated his truck immediately before he collided with petitioner’s truck, that is, his conduct after he met the car with the blinding headlights, this last circumstance being pleaded by both sides, fully developed in the testimony and therefore presumably well understood by the jury. The several inquiries under consideration were merely various phrases and different shades of meaning of one ultimate defensive fact issue, that is, lack of proper control of his truck by Hodges. Having given such issue once in the form of Special Issue No. 15-G, above quoted, the trial court properly refused to repeat it twice in other language as carried in requested issues 7 and 12. It follows, as a matter of course, that he was likewise correct in refusing the ancillary issues of negligence and contributing proximate causation tendered in connection with said requested issues 7 and 12.

The writ of error was granted herein on the first point assigned, that is, the alleged error, in the manner of submission[*285] of special issue No. 13. Respondent has moved to dismiss the writ for want of jurisdiction on the ground that the writ was improvidently granted because of the theory of invited error which we have discussed in passing on said first point. Although it may be conceded that the writ was improvidently granted, the rule is that when the Supreme Court takes jurisdiction by writ of error it may extend the same to all questions of law properly presented, Moore v. Davis (Com. App.) 27 S. W. (2d) 153, unless in granting the writ under subdivision 6, of art. 1728 (1925) it expressly limits its jurisdiction to the point upon which the writ is granted. Holland v. Nimitz, 111 Texas 419, 239 S. W. 185; subdiv. 6, art. 1728, R. S., 1925. So we have considered all points of error assigned, thereby overruling respondent’s motion to dismiss.

Accordingly, respondent’s motion to dismiss the writ of error is overruled, and the judgment of the Court of Civil Appeals affirming the judgment of the trial court is affirmed.

Opinion adopted by the Supreme Court January 7, 1942.

Rehearing overruled February 11, 1942.