Wheat v. Texas Co.

This is an appeal from a judgment based upon an instructed verdict that appellant, Mrs. William M. Wheat, take nothing as against appellee, The Texas Company. The trial court in effect held as a matter of law that there was no evidence which would support a finding that Sam Gossen, the operator of a gasoline filling station situated at the intersection of McCullough Avenue and Dewey Street, San Antonio, Texas, was the servant of The Texas Company in the conduct of said business. The question of the correctness of this holding is the controlling question in the case.

Appellant does contend that…