Duggan v. Merritt

This suit was instituted in the county court of Potter' county, Tex., by. the appellee, Frank Merritt, against the appellant, A. O. Duggan, to recover $228.50 as damages to appellee’s car, alleged to have been occasioned by a collision between the car of appellant and the car of appellee, caused by appellant’s negligence, while both parties were traveling a public highway.

The acts of negligence alleged by appellee, necessary to dispose of this appeal, ax-e that appellant was driving at a rate of speed in excess of 35 miles per hour; attempted to pass appellee’s car at a high, reckless,…