Driver v. Worth Const. Co.

MASSEY, Chief Justice.

From a judgment for a defendant in a suit filed by the widow of a deceased automobile driver based upon negligence claimed to have caused an accident and such driver’s death, the plaintiff appeals.

Judgment affirmed.

During the very early hours of May 13, 1952, the time being about 2:20 o’clock A.M., Boyd Driver was operating his automobile in the municipality of River Oaks, in Tarrant County, Texas, upon a section of State Highway 183 which had not yet been opened to use of the general traveling public. While so driving he drove off the concrete slab of pavement into an…