EAGLE TRUCKING CO. v. TEXAS BITULITHIC CO.

No. B-9076.

612 S.W.2d 503 (1981)

EAGLE TRUCKING COMPANY et al., Petitioners, v. TEXAS BITULITHIC COMPANY et al., Respondents.

Supreme Court of Texas.

On Rehearing February 25, 1981.


Attorney(s) appearing for the Case

Erskine, Dunn & McMahon, Blake Erskine, Longview, Wellborn, Houston, Bailey & Perry, Blake Bailey, Henderson (Scott, Douglass & Keeton, W. Page Keeton, Austin, argued), for petitioners.

Roberts, Harbour, Smith, Harris, French & Ritter, Melvin R. Wilcox III, B. Mathew Dove and Otto A. Ritter, Longview, Ramey, Flock, Hutchins, Jeffus, McClendon & Crawford, Mike A. Hatchell, Tyler, for respondents.


POPE, Justice.

The questions presented in this negligence action are whether the court of civil appeals correctly held that Johnnie Wesley Guin and Billy Wayne Peden proved Robert Fitch and Eagle Trucking Company were negligent per se, and whether the courts below were correct in their judgments that there was no evidence of vicarious liability on the part of two other parties.

Guin and Peden instituted the suit against Fitch and Eagle Trucking. Fitch and...

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