Bishop v. Farm & Home Savings & Loan Ass'n

HICKMAN, Chief Justice.

This is an action brought by appellant against appellee for damages for personal injuries, resulting in a peremptory instruction in favor of appellee. No evidence was introduced by appellee, the instruction being based upon the conclusion that appellant failed to make a case. It is contended that an issue was presented as to appellee’s liability, and that the peremptory instruction was, therefore, improperly given.

The facts are undisputed. Willard Weaver was an employee of the defendant in the city of Abilene. On Saturday, June 17, 1933, he left Abilene about 2:30 in…