209 S.W. 269 | Tex. App. | 1919
The jury decided that the guard had authority to detain persons going into and out of the yards of the defendants. Assuming this finding to be true, then if the guard, Cole, wrongfully detained and shot, and caused injury to, the appellant, the defendants would be liable, although the particular act of detention was unauthorized. Rucker v. Barker, 151 S.W. 872; Railway Co. v. Parsons,
The second and third findings are merely mixed questions of fact and law; but finding of fact No. 4, that no damage resulted to appellant, is contrary to the evidence, and should, we conclude, be set aside. The fact that appellant was shot and seriously injured is not a contested point in evidence. This ruling necessitates a reversal of the judgment.
Judgment reversed, and the cause remanded.