McKinney v. Sherwin-Williams Co.

HODGES. J.

The appellant, plaintiff below, sued the appellee to recover damages for personal injuries. In his original petition, appellant alleged that he was injured' by a truck driven by James Calhoun, an employee of the appellee. The contract, upon which he relied to establish the relation of master and servant between Calhoun'and the appellee was attached to the petition. A demurrer to the petition was sustained by the trial court and the suit dismissed. The correctness of that ruling is the only question presented upon this appeal.

The following are the material portions of the contract…