Niceley's Adm'x v. Mattox

WADDILL, Commissioner.

This appeal is from a judgment directing a verdict for appellee, George Mattox. The court held that appellant had failed to establish that the relationship of master and servant existed between appellee and Marion L. Jones at the time Jones committed his tortious act which fatally injured appellant’s decedent, Walter Niceley. A reversal is sought upon the claim that the evidence was sufficient to take the case to the jury, A determination of the question requires a résumé of the evidence.

In 1946, Breslin Construction Company contracted with the Department of Highways to…