Panhandle Gravel Co. v. Wilson

LUMPKIN, Justice. ■

On December 14, 1949, the appellee, C. W. Wilson, was a passenger in an automobile traveling on the Amarillo to Dumas, Texas, highway. While passing a gravel truck he was injured by a 2-pound rock which came through the windshield and struck him in the face. The appellee alleged that the rock fell from a truck owned and operated by Fred E. Barger and loaded with gravel belonging to the appellant, Panhandle Gravel Company, Inc. He contended that the appellant had improperly loaded the truck, that this act was one of negligence and the proximate cause of his injuries.…