210 S.W. 767 | Tex. App. | 1919
Appellees, D. C. Walker and wife, recovered damages in the court below against A. J. Van Cleave, B. P. Walling, and Alex Hirsfeh for the negligent killing of their minor son, the result of being run over by an automobile driven by the said Alex Hirsch. The automobile being driven by Alex Hirsch at the time belonged to the defendants Van Cleave and Walling, and the recovery against said two last named defendants was on the theory that the said Alex Hirsch was at the time of the accident in the employment and engaged in the business of the said defendants.
The defendants Van Cleave and Walling only appeal, and one of the principal questions on the appeal is as to whether the evidence is sufficient to show that the said Hirsch was at the time of the accident engaged in the business of the two appellants, so as to make them liable for his negligence. The evidence shows that the appellants Van Cleave and Walling were partners engaged in the sale of automobiles in the city of Wichita Palls, where they maintained a shop or salesroom. Alex Hirsch was employed by them as salesman and bookkeeper. Walling was the manager of the business; Van Cleave living in another town and being at the place of business only occasionally. During the absence of his employers, Hirsch had charge of the business. His duties were to keep the books and sell cars, and, as a part of this latter duty, to “demonstrate” them to
We are of the opinion, therefore, that appellant’s request for a peremptory instruction should have been given, and, as the case seems to have been fully developed, we will here reverse and render judgment in their favor, affirming it as to the defendant Hirsch.
This disposition of the case makes it unnecessary to consider the other assignments presented.
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