Mosqueda v. Albright Transfer & Storage Company

I have reached the conclusion that there was support in the evidence for the jury’s finding that the truck driver was in the scope of his employment when the collision occurred.

It was his duty to drive the truck back to Wichita Falls after the poles were unloaded. He had no specific instructions as to what road to travel to or from Springtown, but his general instruction for all trips was to take the “closest, best route.” He therefore had discretion in the matter. The road from Jacksboro to Wichita Falls was “torn up.”

The driver was permitted to take time out for meals. It was mealtime. He…