Fernandez v. Kiesling

CADENA, Justice.

I do not agree that prior Texas decisions establish the “rule” that it is proper to instruct the jury that, in order to find that a passenger in an automobile is not a “guest” withing the meaning of our guest statute, Article 6701b, Tex.Rev.Civ.Stat.Ann., it is necessary to find that the compensation *937paid by the passenger was the motivating cause for furnishing the transportation. The prior Texas decisions do not establish such a rule simply because they have not previously considered the problem to which the majority opinion holds such “rule” applicable.

The instant case is…