Berentsen v. Bellinghausen

OPINION

GREEN, Chief Justice.

This appeal from a summary judgment for the defendant concerns two propositions involving the application of Art. 6701b, Vernon’s Ann.Tex.St., generally known as the Guest Statute, to the facts as developed: (1) Was a genuine issue of fact raised of the status of plaintiffs as to whether they were paying passengers in defendant’s automobile at the time of the accident? (2) If the answer to the above question is that no such issue of fact was raised, was a genuine issue raised that the defendant was guilty of gross negligence proximately causing the accident?

We…