Finck Cigar Co. v. Campbell

Mr. Judge Hickman

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

In the trial court S. L. Campbell, defendant in error, recovered judgment against Finck Cigar Company, plaintiff in error, for damages resulting from a collision between his automobile and an automobile belonging to the Cigar Company, and being operated at the time of the collision by its agent. The judgment of the trial court was affirmed by the Court of Civil Appeals. 114 S. W. (2d) 348.

Only two questions are presented for decision. The first one arose out of the court’s charge. Special Issue No. 35 was in this…