Easter v. Wallace

BOYD, Justice.

Delbert Easter and wife, Louise Easter, sued Billy Wallace for damages for the death of their son, Royce Easter, who was killed when an automobile in which he was riding, and driven by Wallace, after rounding a curve, collided with a guard rail pole and bridge and was demolished and burned. There was a summary judgment for Wallace and the Easters appeal.

Attached to and made a part of the motion for summary judgment was the deposition of appellee. There was no answer to the motion.

According to appellants’ allegations, Royce was riding from Fort Worth to Wichita Falls with…