Conner v. Angelina County Lumber Co.

COMBS, Justice.

Appellants, who were plaintiffs in the court below, are the widow and minor children of Willie Conner, who was killed on November 9, 1937, in a collision between his automobile and a truck driven by one J. B. Rushing. They brought this suit for damages against appellee, Angelina County Lumber Company as defendant, on the theory that Rushing, driver of the truck, was the employee of said company, and engaged in its business at the time of the accident. By pleading and proof appellee contended that Rushing was not its employee, but was the employee of one C. C. Burkett, an…