HARBIN v. SEALE

No. B-2205.

461 S.W.2d 591 (1970)

Imogene HARBIN, Petitioner, v. Stephen SEALE, Respondent.

Supreme Court of Texas.

December 9, 1970.


Attorney(s) appearing for the Case

McKool, McKool, Jones, Shoemaker & Turley, Windle Turley, Dallas, for petitioner.

Akin, Vial, Hamilton, Koch & Tubb, Fred S. Stradley and Robert H. Frost, Dallas, for respondent.


CALVERT, Chief Justice.

Petitioner, Imogene Harbin, plaintiff in the trial court, sued to recover damages for the death of her son who was killed while riding in the automobile of respondent-defendant Seale. Defendant pleaded the guest statute, Art. 6701b, Vernon's Tex.Civ.Stats., as a defense, but the jury found gross negligence on the part of the defendant, and returned a verdict favorable to plaintiff. The trial court, nevertheless, rendered judgment, notwithstanding...

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