Harbin v. Seale

CALVERT, Chief Justice.

Petitioner, Imogene Harbin, plaintiff in the trial court, sued to recover damages for the death of her son who was killed while riding in the automobile of respondent-defendant Seale. Defendant pleaded the guest statute, Art. 6701b, Vernon’s Tex.Civ.Stats., as a defense, but the jury found gross negligence on the part of the defendant, and returned a verdict favorable to plaintiff. The trial court, nevertheless, rendered judgment, notwithstanding the verdict, that the plaintiff take nothing, and the court of civil appeals affirmed. 454 S.W.2d 271. We reverse the…