ROBINSON v. HARKINS & CO.

No. 13-85-309-CV.

704 S.W.2d 554 (1986)

Margaret ROBINSON, Appellant, v. HARKINS & COMPANY, Appellee.

Court of Appeals of Texas, Corpus Christi.

Rehearing Denied February 20, 1986.


Attorney(s) appearing for the Case

Dan Pozza, Pasqual & Pozza, San Antonio, for appellant.

Darrell L. Barger, Ryan E. Stevens, Hunt, Hermansen, McKibben & Barger, Corpus Christi, for appellee.

Before SEERDEN, UTTER, and KENNEDY, JJ.


OPINION

SEERDEN, Justice.

Appellant contests a take-nothing judgment based on jury findings in a personal injury suit.

Appellant and her husband, Jerry Robinson, occupied a truck owned by appellee, Jerry Robinson's employer, when the vehicle ran into a train. Appellant contended that her husband was operating the truck on this occasion, within the course and scope of his employment, and that she was a passenger. The critical fact issue was whether...

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