PRICE, Judge.
John S. Shumock (appellant) brought this action against W. H. Booker, Jr., (appellee) for damages growing out of a collision between plaintiff's automobile and defendant's tractor.
The complaint, in one count, claiming $700, charged that plaintiff's damages were the proximate consequence of the negligence of defendant's agent, servant or employee, while acting in the line and scope of his employment. The defendant filed the following plea:
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