Powell v. Penny

CHADICK, Chief Justice.

This is a common-law tort action. The judgment of the trial court is reversed and a new trial is ordered.

Sidney Stanton O’Rand, age 21, died as a result of injuries received when he was thrown from a 1957 Ford automobile driven by Earl Penny when the vehicle collided with a roadside tree November 8, 1958. O’Rand and his 23 year old companion left Linden, Texas, between 3:00 and 3:30 in the afternoon to visit Bud’s Place a short distance across the Texas line in Louisiana. They were returning at about 11:30 p. m. and were some five miles northwest of Vivian in Caddo…