Smith Bros., Inc. v. O'Bryan

Mr. Judge GERMAN

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

Defendant in error, who will be designated plaintiff, sued Smith Bros., Inc., herein designated defendant, for personal injuries growing out of a collision between an automobile driven by plaintiff and a truck driven by one G. E. Henson, an alleged employee of defendant. Judgment in favor of plaintiff for $8250.00 was reversed by the Court of Civil Appeals and the cause was remanded. The Court of Civil Appeals in a majority opinion held that a requested special issue which sought to determine whether or not Henson…