Brown ex rel. Brown v. Roberts

HARRIS, Justice.

We affirm the ruling of the trial court which sustained a special appearance in this personal injury suit. The factual claims of the plaintiff are of limited importance to our determination because of the ruling appealed from.

In August of 1965 Alfred Roberts (defendant-owner) was the owner of property upon which it is claimed he caused or allowed to be constructed a go-cart track which was open to the public.

Orville L. Brown (plaintiff), then a minor, was driving a go-cart on the track and Jerry Duane Hutchins was driving another go-cart owned by Floyd Hutchins. The plaintiff…