Fernandez v. Kiesling

POPE, Justice.

The question presented is whether the trial court properly instructed the jury concerning the meaning of the word, “guest,” as that term is used in article 6701b, 1 Vernon’s Tex.Civ.Stats. Mrs. Shirley Fernandez was riding in the car driven by Mrs. Vivian F. Kiesling when Mrs. Kiesling drove her automobile into a parked car. Plaintiff Fernandez sued Mrs. Kiesling and proved a cause of action based upon ordinary negligence, but the jury made a finding that she was riding as a guest of Mrs. Kiesling. Mrs. Fernandez requested no issue inquiring whether defendant Kiesling did or…