WALLER, Circuit Judge.
The deceased, Barnes, was riding with Elliott on a joint venture from Dallas to Sherman, Texas. Prior to their departure they consumed a quantity of beer and purchased some whiskey, some of which, the evidence shows, had been drunk by deceased. En route they collided with a disabled truck, owned by appellant, that had been parked on the highway approximately three hours pending repairs. Elliott, the driver of the car, seeing the truck so parked...
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