Texas Supreme Court
Mary Elizabeth Burt v. Jesse H. Lochausen, Jr.
May 21, 1952151 Tex. 289
Summary
The Texas Supreme Court reversed the lower courts' judgments for Jesse H. Lochausen, Jr., holding that the Life Insurance Company of Virginia was not liable, that Lochausen was not acting within the scope of his employment, that the deceased was a guest rather than a passenger under the Guest Statute, and that the jury's finding of gross negligence was supported by the evidence. The Court entered a judgment for Mary Elizabeth Burt in the amount of $50,900 plus costs. Justice Garwood dissented on the gross negligence issue and Justice Wilson concurred in the judgment but emphasized the burden of proof on the guest issue.