Texas Supreme Court

Less Schiller v. Paul H. Rice

February 20, 1952151 Tex. 116

Summary

The Texas Supreme Court affirmed the Court of Civil Appeals' reversal of the trial court judgment for the plaintiffs, holding that the plaintiffs, as guests who knowingly remained in an automobile driven by an intoxicated driver, were heedlessly and recklessly disregarding their own safety, which bars recovery under the guest statute. The court also affirmed that ordinary contributory negligence is a defense to a claim under the guest statute.