Gatz v. Smith

CODY, Justice.

This was an action by appellant for damages sustained when he was struck by an automobile belonging to appellee, which was driven by Bennie Winston, who was in the general employment of a Mr. Gris-som who conducted an automobile repairing business in Houston under the name of “A & B Garage.” The defendants were appellee, and the aforesaid Grissom, doing business as A & B Garage, and Bennie Winston. Appellant alleged, in alternatives, that in driving the automobile on the occasion in question Bennie Winston was the agent of: (1) Appellee; (2) appellee and Grissom, jointly; (3)…