American Nat. Ins. Co. v. O'Neal
| Decision Date | 26 May 1937 |
| Docket Number | No. 10058.,10058. |
| Parties | AMERICAN NAT. INS. CO. v. O'NEAL et al. |
| Court | Texas Court of Appeals |
Appeal from District Court, Ninety-Second District, Hidalgo County; Bryce Ferguson, Judge.
Action by H. L. O'Neal and another against the American National Insurance Company. Judgment for plaintiff, and defendant appeals.
Reversed and remanded for a new trial.
Lorimer, Brown & Davis, of Harlingen, for appellant.
Leroy H. Buss, of Donna, and T. M. West and C. S. Arnold, both of San Antonio, for appellees.
This is a companion case to cause No. 9918, styled American National Insurance Company v. J. L. Kennedy et al., decided by this court on January 27, 1937, and reported in 101 S.W.(2d) 825.
Appellees, H. L. O'Neal and Alberta O'Neal, husband and wife, instituted this suit against appellant, American National Insurance Company, a private corporation, seeking to recover damages for injuries sustained by Mrs. Alberta O'Neal when a car in which she was riding collided with a car driven by one R. L. Wilson, who was an employee of appellant, American National Insurance Company. The same collision and negligence is involved in this case as was involved in the Kennedy Case.
The trial was before a jury, and judgment was entered based upon the jury's answers to special issues permitting a recovery against the Insurance Company in the aggregate sum of $996, from which judgment the American National Insurance Company has prosecuted this appeal.
The controlling question here is whether or not the insurance company was liable for the negligence of its employee, Wilson, who was proceeding to the city of McAllen, in obedience to orders of the company at the time of the collision.
We will not here attempt to set out all of the facts, as they are fully stated in the Kennedy Case. Wilson was employed by appellant Insurance Company as an inspector. It was his duty to go to the several offices of the company and there make inspections.
On February 5, 1935, Wilson had spent the previous night at the home of his mother-in-law at Weslaco, and was traveling in his own car to McAllen when the collision occurred. Wilson was going to McAllen for the purpose of performing certain duties pertaining to his employment with the Insurance Company. The Insurance Company allowed Wilson traveling expenses equivalent to railroad fare, but the record is silent as to whether or not there was any understanding as to how Wilson should travel.
It occurs to us that where an employer does not require its employees to use any...
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