CHADICK, Chief Justice.
This is a common-law tort action. The judgment of the trial court is reversed and a new trial is ordered.
Sidney Stanton O'Rand, age 21, died as a result of injuries received when he was thrown from a 1957 Ford automobile driven by Earl Penny when the vehicle collided with a roadside tree November 8, 1958. O'Rand and his 23 year old companion left Linden, Texas, between 3:00 and 3:30 in the afternoon to visit Bud's Place a short distance...
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