Barclay v. CC Pitts Sand and Gravel Company

WALKER, Justice.

This suit was brought by A. G. Barclay, petitioner, to recover the damages he sustained when his automobile ran into a truck owned by C. C. Pitts, respondent, who is engaged in business under the name of C. C. Pitts Sand and Gravel. Respondent’s employee, Joe Bollman, was the driver of the truck. The jury acquitted petitioner of contributory negligence and found that the collision was proximately caused by Boll-man’s failure to keep his truck under proper control. Judgment was rendered on the verdict in petitioner’s .favor, but the Court of Civil Appeals concluded-that the…