Roadway Express, Inc. v. Gaston

WALTHALL, Justice.

For convenience we will refer to the plaintiff in error as plaintiff and to defendant in error as defendant.

On the Sth day of August, 1932, defendant, C. C. Gaston, was riding in his automobile, in a westerly direction on State Highway No. 1,’ some 500 yards west of the town of Weaver in Hopkins county, Tex. At that time and place the grass, weeds, and other combustible material along the side oi the paved portion of said highway was burning, and the smoke from the fire was over, above, and on the paved portion of the highway. While passing through said cloud of smoke,, the…