Knipe v. Rector

OPINION

BREWSTER, Justice.

This is an appeal from an order overruling the defendant’s plea of privilege. The action was one for damages for wrongful death brought by deceased’s wife, the executrix of his estate, and by his parents, as plaintiffs, against Roy D. Knipe, the driver of the car that struck and killed deceased while he was jogging along the highway at night.

Appellant’s first point is that the trial court erred in overruling his plea of privilege because the affidavit to plaintiffs’ controverting affidavit or plea did not unequivocally verify the statements contained in such plea as…