McCord v. Southern Distributing Company

HUGHES, Justice.

The principal question presented by this appeal, and the only one determined by us, is whether or not Alfred F. Schmidt, an employee of appellee Southern Distributing Company, was acting within the scope of his employment when he assaulted appellant, Q. W. McCord. It is our opinion, under the authority of Texas & Pacific Ry. Co. v. Hagenloh, 151 Tex. 191, 247 S.W.2d 236, that he was not so acting, and that the judgment of the Trial Court should be affirmed.

The suit was against the employee, Schmidt, and his employer, Southern Distributing Company. ' Trial was to a jury which…