BEATY v. LINDEN

No. 4043.

360 S.W.2d 591 (1962)

Gene E. BEATY, Next Friend for and on behalf of His Minor Children, Gene Raymond Beaty and William Barton Beaty, Appellant, v. Harry Malcolm LINDEN, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied October 11, 1962.


Attorney(s) appearing for the Case

Wells & Power, Irving, for appellant.

Strasburger, Price, Kelton, Miller & Martin, Eugene Jericho, Dallas, for appellee.


WILSON, Justice.

Defendant's motion for summary judgment in an automobile guest case was sustained. Plaintiff alleged his two minor children were injured while riding in a car driven by defendant; and that his negligence in driving while intoxicated and while under the influence of drugs at an excessive rate of speed, and in failing to keep a proper lookout, proximately caused the damages asserted. Plaintiff pleaded the conduct asserted constituted heedlessness and...

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