J. & W. CORPORATION v. Ball

GREENHILL, Justice.

M. A. Ball was injured when the wheel of a truck being operated by an employee of the J. & W. Corporation rolled or spun over his left hand. Trial was to a jury which found defendant’s agent to have been negligent. The jury acquitted Ball of contributory negligence but found, among other things, that Ball had assumed the risk. Both parties filed motions for judgment, and the plaintiff’s motion was granted. The Court of Civil Appeals affirmed. 404 S.W.2d 616.

The defendant corporation operated the Texoma Truck Stop in Denison, Texas. It sold fuel for trucks, repaired flat…