Brown v. Tieman

HUGHES, Justice.

This is a suit for damages for the death of Calvin Hendrix Lynch II,1 fourteen-month old son of appellee, Mrs. Addie Tieman. Appellant is E. O. Brown, doing business as Capitol Butane Gas Company of Travis County, Texas. Appellee recovered judgment.

It is not denied that appellant’s truck while operated by his driver in the course of his employment ran over and instantly killed the child on the morning of April 12, 1950, on the C. H. Lynch premises where the child and his family were residing.

Appellee pleaded and the jury found that the driver of the truck failed to keep a…