Austin v. Dilday

OPINION

This action was commenced by Mary Hortense Proctor to recover damages alleged to have been sustained by reason of defendant’s negligence while riding in an automobile with her.

After the trial of the case but before judgment was rendered, Mrs. Proctor died, and the action was revived in the name of her administrator. The defendant has appealed from the judgment and from the order denying a new trial.

We will first consider the contention that the evidence does not justify the judgment and the findings.

The court found that while the deceased was riding with the defendant as his guest, the…