Soard v. Rogers' Administrator

BIRD, Judge.

James Earl Soard was injured while riding as a guest in an automobile when it left the highway and crashed.

■ The driver, who was Soard’s lady friend and the only other occupant of the automobile, died shortly after the crash in a hospital near the place of the accident.

Soard sued the driver’s estate for damages.

It is substantially stipulated that the driver’s negligence was the proximate cause of the wreck without specifying the negligent act or acts. The case was tried on the sole issue of plaintiff’s contributory negligence.

The defense undertook to establish that the driver was…