Pasotex Pipe Line Co. v. Murray

LEE, Circuit Judge.

This is the second appeal in this case. The first was from an order directing a verdict for the defendant, appellee then, appellant now. The facts are set forth in our previous opinion, 5 Cir., 161 F.2d 5. On that appeal three points were in issue, only one of which it was necessary for us to decide. Holding that under Texas law the Pasotex Pipe Line Company would have been liable for its employee Chenoweth’s negligence if in the exercise of reasonable care it should have known that he was an habitual drunkard, and that this issue should have been submitted to the jury, we…