TEX. & PAC. MOTOR TRANSPORT CO. v. STEVENS

No. 4980.

547 S.W.2d 49 (1977)

The TEXAS AND PACIFIC MOTOR TRANSPORT CO., Appellant, v. Tommie STEVENS d/b/a National Body Works, Appellee.

Court of Civil Appeals of Texas, Eastland.

February 3, 1977.


Attorney(s) appearing for the Case

William A. Brasher, Dallas, for appellant.

Davis Scarborough, Scarborough, Black, Tarpley & Scarborough, Abilene, for appellee.


McCLOUD, Chief Justice.

Plaintiff, Tommie Stevens, d/b/a National Body Works, sued defendant, The Texas and Pacific Motor Transport Company, for services performed in removing defendant's wrecked truck from the highway and delivering the truck to defendant's terminal in Abilene, Texas. The case was submitted to the jury who answered three special issues as follows:

(1) At the time plaintiff agreed to pick up the wreckage, he was not acting as a volunteer...

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