Gathright v. Carl Markley Motor Co.

O’QUINN, Justice.

This suit arose out of an automobile collision occurring near the town of Devers in Liberty County,. Texas, September 28, 1939. A 1939 V-8 Ford automobile owned by appellee, Carl Markley Motor Company, and driven by Willie Fowler, collided with an automobile driven by appellant, Gathright, resulting in serious bodily injuries to appellant. Among other things, appellant alleged that Willie Fowler, the driver of appellee’s car, was the agent, servant and employe of appel-lee, Carl Markley Motor Company, and was then and there acting within the scope of his employment, and that…