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KEITH v. SILVER

No. 524.

476 S.W.2d 335 (1971)

Kenneth KEITH, Appellant, v. Louis SILVER, Appellee.

Court of Civil Appeals of Texas, Houston (14th Dist.).

Rehearing Denied January 19, 1972.

Attorney(s) appearing for the Case

Lawrence J. Madigan, Schmidt, Matthews & Peterson, D. L. McClure, McClure & Burch, Houston, for appellant.

Perry Archer, Houston, for appellee.

TUNKS, Chief Justice.

Kenneth Keith sued Louis Silver for damages for personal injuries sustained in a one car accident. Silver died before the trial and his executrix appeared as defendant. A jury trial resulted in a judgment for the defendant, Silver's estate, and the plaintiff, Keith, has appealed.

Keith is a refrigeration mechanic. On May 30, 1967, Silver drove his 1955 Buick automobile to Keith's place of employment. It was Silver's purpose to pick up...

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