State v. McKinney

COMBS, Justice.

Appellee, Frank McKinney, as plaintiff, brought this suit in the district court of Angelina county, Tex., against the state of Texas and the highway commission of Texas, to recover damages for personal injuries alleged to have been sustained by him while an employee of the state highway commission of Texas. It is alleged that, while the plaintiff was engaged as a workman in the service of the defendants, and engaged in building the road bed of highway No. 35, his fellow employee while acting in the scope of his employment, “carelessly, negligently, and willfully drove an…