Elkins v. Foster

HALL, Chief Justice.

Defendant in error, M. E. Foster, sued the plaintiffs in error, W. H. Elkins and wife, to recover damages alleged to have resulted from personal injuries received by Foster while riding in the automobile owned by Mr. Elkins and being driven by Mrs. Elkins in the city of Houston.

The substance of the second amended original petition, upon which the case was tried, is that Elkins and wife owned a Chevrolet automobile in which, about 9 o’clock on the morning of the 22d day of October, 1933, plaintiff was riding; that defendants were attempting to transport plaintiff from his…