Clark v. Lynch

DUNKLIN, Chief Justice.

R. H. Clark, defendant in the court below, has ' prosecuted this appeal from a judgment against him in favor of plaintiff, Emmett Lynch, in the sum of $175 for injuries to his automobile when it was struck by defendant’s truck on a public street in the City of Wichita Falls, Texas, while plaintiff’s wife was driving it and while the truck was being driven by Tommie Ewing, who plaintiff alleged was defendant’s servant.

Tommie Ewing was working for defendant under a written contract of employment, which, in specific terms, stipulated that he was engaged in soliciting and…