RECTOR v. WALDEN, FULTON & PAYNE

No. 6418.

276 S.W.2d 933 (1954)

Ben D. RECTOR, Appellant, v. WALDEN, FULTON & PAYNE, a Partnership, Appellee.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied September 7, 1954.


Attorney(s) appearing for the Case

Underwood, Wilson, Sutton, Heare & Boyce, Merchant & Fitzjarrald, Amarillo, for appellant.

Adkins, Folley, Adkins, McConnell & Hankins, Amarillo, for appellees.


PITTS, Chief Justice.

This is a suit filed by appellant, Ben D. Rector, for alleged personal damages in the sum of $37,000 sustained by reason of an injury he received while helping to unload some heavy pipe from a gondola type railroad car. It is charged that the alleged injury resulted from the negligent operation of a winch truck by one Irving Warner. The primary issue to be here determined is whether or not Warner, the truck operator, remained the general employee...

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