Texas Supreme Court

T. E. Parrott, Petitioners v. Robert Garcia, Respondents

January 29, 196912 Tex. Sup. Ct. J. 222

Summary

The Texas Supreme Court affirmed summary judgment for the defendants, holding that the plaintiff's participation in a drag race on a public highway violated Article 795 of the Penal Code and thus constituted contributory negligence per se, which bars any recovery. The court reasoned that the statute's purpose was to prevent the very hazard that caused the plaintiff's injury.