Davis v. Jeffords-Schoenmann Produce & Brokerage Co.

Appellant sued the appellees for damages for their alleged negligence in running over and killing — with one of their auto trucks operated by Oscar Godfrey, their regular driver — Louisiana Davis, whom he charged to be his wife at the time by virtue of a valid common-law marriage in Texas.

Judgment below was rendered in favor of the appellees, after the jury had answered "No" to this special issue submitted to them by the court:

"Was Louisiana Davis the lawful wife of Gussie Davis, the plaintiff in this suit, at the time of her death? Answer `Yes' or `No,' as you find the facts to be.

"In…