McDaniel v. Douglas Motor Co.

OSBORNE, Judge.

The appellant herein, Claude McDaniel, was seriously injured when a car in which he was riding went off the road and wrecked. The appellee, Louis Neal Jones, was the driver of the car at the time and Charles Peters, originally a defendant in the action, was a passenger. The action has been dismissed as to Peters and he is not involved upon this appeal. Appellee Jones moved for a summary judgment upon the basis of the plaintiff’s interrogatories and depositions which had been filed in the case. The basis for this motion was that McDaniel was contributorily negligent as a matter…