Disney v. Cook

DAVISON, Justice.

The parties occupy the same relative positions in this court as in the trial court and will be referred to by their trial court designation or by name.

Ruby Disney (plaintiff below) brought this action against Doris Cook (defendant below) to collect damages for injuries she suffered in Dallas, Texas, in January, 1964, when she fell from an automobile in which she was riding and that defendant was driving. The pleadings raised the issue of negligence on the part of the defendant and the issues of contributory negligence on the part of plaintiff and whether plaintiff occupied…