No. 10570.

315 S.W.2d 295 (1958)

James Eugene FLANIGAN et al., Appellants, v. Jack CARSWELL et al., Appellees.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied July 2, 1958.

Attorney(s) appearing for the Case

Vinson, Elkins, Weems & Searls, Thomas B. Weatherly, Gaius G. Gannon, Jr., Houston, for appellants.

Max Garrett, Houston, for appellees.

GRAY, Justice.

Appellee, Jack Carswell, suffered injuries to his person and to his property when his ambulance (operated by him) collided with an automobile operated by appellant, James Eugene Flanigan.

Carswell sued Flanigan and appellant, J. C. Smith operating as Courteous Cab Service, and alleged that Flanigan was Smith's agent. He further alleged that on the afternoon of May 23, 1955, he was making an emergency call in his ambulance; that he was driving...


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