REED v. HICKS

No. 8336.

489 S.W.2d 958 (1973)

Alvin B. REED, Jr., et ux., Appellants, v. Martin H. HICKS, Appellee.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied February 5, 1973.


Attorney(s) appearing for the Case

Merchant, Barfield & Poff, J. Jerry Merchant, Amarillo, for appellants.

Gibson, Ochsner, Adkins, Harlan & Hankins, A. B. Hankins, Amarillo, for appellee.


REYNOLDS, Justice.

Summary judgment was rendered for the defendant in this wrongful death action brought by the parents of a three-year-old deceased child. The suit was grounded on allegations of ordinary negligence on the part of the defendant driver of the automobile in which the child and her mother were passengers at the time the child's death resulted from a collision of a train with the automobile. The basis of the summary judgment is that the child was a guest...

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