51 S.W.2d 277 (Tex.Com.App. 1932), 1560-5896, Worsham Buick Co. v. Isaacs

Docket Nº1560--5896
Citation51 S.W.2d 277, 121 Tex. 587
Opinion JudgeHARVEY, P.J. CURETON, C.J.
Party NameWorsham Buick Co. v. Isaacs et al.
AttorneyTouchstone, Wight, Gormley & Price, of Dallas, for appellant. [121 Tex. 588] Chamberlain, Green & Wade, of Dallas, for appellees.
Case DateJune 09, 1932
CourtCourt of Commission of Appeals of Texas

Page 277

51 S.W.2d 277 (Tex.Com.App. 1932)

121 Tex. 587

Worsham Buick Co.


Isaacs et al.

No. 1560--5896

Court of Commission of Appeals of Texas, Section A.

June 9, 1932

Certified Questions from Court of Civil Appeals of Fifth Supreme Judicial District.

Action by Mrs. Mettie K. Isaacs and another against the Worsham Buick Company. Judgment for plaintiffs, and defendant appealed to the Court of Civil Appeals, which certified certain questions to the Supreme Court.

Questions answered in the negative.

Page 278

Touchstone, Wight, Gormley & Price, of Dallas, for appellant.

[121 Tex. 588] Chamberlain, Green & Wade, of Dallas, for appellees.


The Court of Civil Appeals for the Fifth Supreme Judicial District has submitted the following certificate containing certified questions:

"There is pending on submission in the Court of Civil Appeals for the 5th Supreme Judicial District of Texas the following numbered and entitled cause: No. 10740, Worsham [121 Tex. 589] Buick Company, Appellant, v. Mrs. Mettie K. Isaacs et al., Appellees, in which the judges of this court are unable to agree on questions of law vital to a determination of the rights of the parties, as presented by the appeal of said cause, and owing to the importance of the questions involved to the judicial procedure and to the right of the litigants to said cause, the judges of this court deem it advisable to certify same to the Honorable Supreme Court of Texas.

"Statement of the Case.

"This suit was instituted by appellees, Mrs. Mettie K. Isaacs, and her son, Alfred W. Isaacs, to recover damages for the death of the husband and father, R. W. Isaacs, who was alleged to have been killed on or about Sunday, September 9, 1928, about 3 o'clock P. M. by the negligent operation of an automobile charged to have been driven by an employee of appellant, Worsham Buick Company. For cause of action, appellees plead in effect as follows: That a new automobile owned by appellant and operated by its service superintendent, Allen J. Simpson, while drunk and traveling at a speed in excess of 70 miles per hour through the intersection of two public streets in the City of Dallas, collided with the automobile owned by and in which the deceased Isaacs was riding, inflicting injuries upon said Isaacs causing his death; that appellant was a dealer in automobiles and had accepted the benefits of Article 6686 R. S. 1925, as amended by Acts of the 40th Legislature of 1927 page 286, said Act being in part as follows: 'A dealer within the meaning of this article means any person, firm or corporation engaged in the business of selling automobiles who runs them upon the public highways or streets for demonstration for the purpose of sale; and this Act shall not be construed as permitting the use of a dealer's license or number plate on any vehicle owned or used by such a dealer for any other purpose than demonstration for the purpose...

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