Texas Supreme Court
J. E. Mundy v. Pirie-Slaughter Motor Company
January 7, 1948146 Tex. 314
Summary
The Texas Supreme Court reversed the lower courts, holding that the plaintiff may plead and offer evidence that the minor driver lacked a license and that the motor company knew or should have known this, and that such facts constitute negligence per se under the licensing statute. The court remanded for a new trial on the basis that the plaintiff must prove the owner's negligence, the driver's negligence, and proximate causation.