McDonough Brothers, Inc. v. Lewis

BARROW, Chief Justice.

Appellant has perfected its appeal from the judgment entered on a jury verdict, whereby appellees, the surviving widow, minor child and parents, recovered damages for the wrongful death of Alfred Earl Lewis on November 21, 1967. The parties will be referred to as in the trial court.

Lewis was employed by Gieson & Latson Construction Co., which was the contractor on a project for the Texas Highway Department to resurface the asphalt topping on Southeast Military Drive in San Antonio. Defendant was a material supplier on this job and furnished hot mix asphalt, which was…