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DART v. YELLOW CAB, INC.

No. 7612.

401 S.W.2d 874 (1966)

Claude Pat DART, Appellant, v. YELLOW CAB, INC., Appellee.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied June 6, 1966.

Attorney(s) appearing for the Case

William J. Gillespie, Lubbock, Jack McClendon, Lubbock, of counsel, for appellant.

Crenshaw, Dupree & Milam, Lubbock, J. Orville Smith, Lubbock, of counsel, for appellee.

DENTON, Chief Justice.

This suit was instituted by Claude Pat Dart against Yellow Cab, Inc., seeking to recover damages for personal injuries alleged to have been received by him as a result of an assault and battery committed upon him by Frank M. Lester, a cab driver for the defendant company. Lester was not made a party defendant. Plaintiff's contention of liability against the cab company is based upon Respondeat Superior.

The trial was to a jury...

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