Tullier v. Capitol Construction Co.

GILLESPIE, Presiding Justice:

’B. F. Tullier, plaintiff below and appellant here, sued J. C. Cochran and his employer, Capitol Construction Company, Inc., hereinafter sometimes called Capitol, for personal injuries arising out of a collision between a truck driven by Cochran and a station wagon driven by plaintiff. After both parties rested, the court granted Capitol a peremptory instruction and dismissed the suit as to that defendant. The jury was peremptorily instructed to find for plaintiff against defendant Cochran. Accordingly, the jury returned a verdict *881for plaintiff against Cochran in…