# Burt v. Lochausen

> Texas Supreme Court · May 21, 1952 · 151 Tex. 289

URL: https://www.frixlaw.com/law-library/cases/9770565

## Case

- **Full name:** Mary Elizabeth Burt v. Jesse H. Lochausen, Jr. Et Al.
- **Court:** Texas Supreme Court
- **Decided:** May 21, 1952
- **Citations:** 151 Tex. 289; 249 S.W.2d 194; 1952 Tex. LEXIS 397
- **Precedential status:** Published
- **Opinion:** Concurrence by Wilson
- **Judges:** Griffin, Wilson, Garwood
- **Cited by:** 308 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9770565

## Opinion text

Mr. Justice Wilson
concurring.
I agree with the dissent on the question of gross negligence, but concur in the judgment of the majority in the belief that the burden of proof on the issue of guest or passenger rests on the defendant. Under the standard test for measuring testimony the jury could disregard those portions of defendant’s own testimony establishing the issue of guest. I believe there was some evidence to support the jury’s finding that the plaintiff’s husband was a passenger.
Opinion delivered May 21, 1952.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9770565. Public record. Not legal advice.