City of Panhandle v. Byrd

Mr. Judge Hickman

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

Defendant in error J. H. Byrd will be called plaintiff and plaintiff in error City of Panhandle will be called defendant. In the trial court judgment was rendered in favor of plaintiff against the defendant for damages for personal injuries and the Court of Civil Appeals affirmed that judgment. 77 S. W. (2d) 904.

Plaintiff and one W. E. Wright were engaged in doing some work on unpaved streets in the City of Panhandle. The equipment used by them was a. tractor operated by the foreman Wright and a grader operated by…