Davis v. Browne

(dissenting in part) — The facts are clearly stated in the majority opinion, with which I am in accord as to the conclusion reached upon the second and third questions considered. Upon the first question, however, it is my opinion that the driver of the Davis car was guilty of contributory negligence, and that for this reason the trial court erred in not rendering judgment in appellants’ favor, in so far as respondents Florence Davis and Arthur W. Davis, Jr., are concerned. The other respondents, being guests in the Davis car, are not bound by the contributory negligence of Arthur W. Davis,…