Wilson v. J. W. Crowdus Drug Co.

The material assignment in this case calls in question the correctness of the trial court’s action in giving a peremptory instruction in favor of defendant in error against plaintiff in error, and the judgment of the Court of Civil Appeals affirming the judgment of the trial court on a verdict returned in response to the peremptory instruction.

To an understanding of the case, it is necessary to recur to the pleadings and evidence, for the purpose of ascertaining the issues made and the evidence affecting them.

Plaintiff’s original petition was filed January. 28, 1915. It was introduced in…