KUYKENDALL v. UNITED GAS PIPE LINE CO.

No. 14632.

208 F.2d 921 (1953)

KUYKENDALL et ux. v. UNITED GAS PIPE LINE CO.

United States Court of Appeals, Fifth Circuit.

December 30, 1953.


Attorney(s) appearing for the Case

J. Edwin Smith, Houston, Tex., Smith & Lehmann, Houston, Tex., of counsel, for appellants.

C. M. Hightower, Liberty, Tex., Thomas B. Weatherly, Houston, Tex., Vinson, Elkins, Weems & Searls, Houston, Tex., Hightower & Wheat, Liberty, Tex., of counsel, for appellee.

Before HUTCHESON, Chief Judge, and HOLMES and RUSSELL, Circuit Judges.


HUTCHESON, Chief Judge.

This suit was for personal injuries sustained by plaintiff, Ruth Kuykendall, when an automobile in which she was riding as a passenger collided with a car being driven by G. A. Josey, an employee of defendant in the capacity of meter and well attendant.

The claim was that at the time of the collision, Josey was acting in the course and scope of his employment.

Defendant denied this and specially pleaded that Josey at the time...

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