Rice Bros. Auto Co. v. Ely

Suit was brought to recover damages for personal injuries sustained by Mr. and Mrs. Ely when struck by an automobile owned by Bice Bros. Auto Co. and driven by their salesman, Faircloth. The principal question arises under respondeat superior.

This is the second time this case has been before us. At the first trial in the lower court a verdict was directed for defendants at the close of plaintiffs’ proof. In an opinion rendered by this court on May 5th, 1942 (petition for certiorari denied Oct. 3rd, 1942), which is reported in 167 S. W. (2d) 355, 358, it was held the trial court was in error;…