Luper Transp. Co. v. Barnes

WALLER, Circuit Judge.

The deceased, Barnes, was riding with Elliott on a joint venture from Dallas to Sherman, Texas. Prior to their departure they consumed a quantity of beer and purchased some whiskey, some of which, the evidence shows, had been drunk by deceased. En route they collided with a disabled truck, owned by appellant, that had been parked on the highway approximately three hours pending repairs. Elliott, the driver of the car, seeing the truck so parked and seeking to avoid it, turned the steering wheel to the left. The deceased apparently saw an automobile approaching in the…