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McCORD v. SOUTHERN DISTRIBUTING COMPANY

No. 10947.

356 S.W.2d 350 (1962)

Q. W. McCORD, Appellant, v. SOUTHERN DISTRIBUTING COMPANY, Appellee.

Court of Civil Appeals of Texas, Austin.

April 4, 1962.

Attorney(s) appearing for the Case

Milburn, Bell, Knight & Barnes, Odessa, for appellant.

Gay & Meyers, Clark, Thomas, Harris, Denius & Winters, John Coates, Austin, for appellee.

HUGHES, Justice.

The principal question presented by this appeal, and the only one determined by us, is whether or not Alfred F. Schmidt, an employee of appellee Southern Distributing Company, was acting within the scope of his employment when he assaulted appellant, Q. W. McCord. It is our opinion, under the authority of Texas & Pacific Ry. Co. v. Hagenloh, 151 Tex. 191, 247 S.W.2d 236, that he was not so acting, and that the...

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