J. C. Penney Co. v. Oberpriller

Mr. Judge Taylor

delivered the opinion of the Commission of Appeals, Section B.

Grady Crain was an employee of J. C. Penney Company, Inc., of Lufkin, Texas. G. A. Wharton, the company’s manager at that point, had the same control over Crain as its employee as if he (Wharton) had owned the store. Crain’s working hours except on Saturday were from 8:00 to 6:00 p. m. He was employed as a clerk in the shoe department but his duties covered matters ranging from janitor’s work to assisting in buying shoes for the store. He lived several miles from the store and used his own automobile in going to and…