Mitchell v. Gooch

Andy Gooch was travelling west, on highway 80 east of Sweetwater, in an automobile driven by Jack Lively when the automobile collided with a truck owned by O. C. Mitchell which was headed west and alleged to have been stopped at night on the paved portion of the highway. Gooch was injured and sued both Mitchell and Lively for damages. He alleged that Lively was guilty of gross negligence and sought recovery against him under the guest statute, Vernon's Ann.Civ.St. art. 6701b. The cause was submitted to a jury and it found (1) that the Mitchell truck was stopped on the paved portion, or a part…