Phillips Petroleum Co. v. Capps

FUNDERBURK, Justice.

W. S. Capps sued Phillips Petroleum Company to recover damages for personal injuries and property, resulting from ’ a collision between an automobile owned and driven by plaintiff and a gasoline tank-truck owned by defendant and being driven by its employee, A. J. Williams. The collision occurred near the east end of a curve in the east-west paved highway No. 80-A, about 6 miles east of Albany, Texas. At the place of collision the pavement is 20½ feet wide, and on each side was a smooth shoulder, the outer edge of the one on the north side, about 8 feet distant from the…