Campbell v. Hillsboro Independent School Dist.
| Decision Date | 10 July 1947 |
| Docket Number | No. 2721.,2721. |
| Citation | 203 S.W.2d 663 |
| Parties | CAMPBELL v. HILLSBORO INDEPENDENT SCHOOL DIST. |
| Court | Texas Court of Appeals |
Appeal from Hill County Court; Max Triplett, Judge.
Action by Wilson Campbell against the Hillsboro Independent School District to recover damages sustained to plaintiff's automobile which collided with defendant's school bus. Plaintiff recovered damages in the Justice Court and on appeal to the County Court, a judgment was rendered for defendant. From such judgment, the plaintiff appeals.
Affirmed.
Horton B. Porter, of Hillsboro, for appellant.
Sleeper, Boynton, Darden & Burleson, of Waco, for appellee.
This is a damage suit. Plaintiff brought suit in the Justice Court for property damage he sustained to his automobile as a result of a collision with a school bus belonging to defendant and operated by the driver employed by defendant. Plaintiff recovered in the Justice Court and on appeal to the County Court the parties filed an agreed statement in which it was stipulated that the driver of the school bus was guilty of negligence in failing to keep a proper lookout and that such negligence caused the accident and resulting damages to plaintiff's car. The trial court found that the doctrine of respondeat superior did not apply and found in favor of the school district and against plaintiff. This action of the trial court is assailed as error.
The pertinent parts of the agreed statement of facts are substantially: (1) that plaintiff resided at Hillsboro in Hill County, Texas, and that he was the owner of an automobile which he used in his business and was using at the time of the collision with the school bus; (2) that defendant was an independent school district, organized and operating under the applicable laws of the State of Texas, and was engaged in the business of maintaining and operating a general public school system; (3) that in the operation of said school system plaintiff transported pupils by way of school busses to and from school; (4) that on the 20th of October, 1945, one of defendant's bus drivers, in the course of his employment and in the furtherance of the business affairs of defendant and while on a prescribed route on a public highway, collided with the automobile which plaintiff was operating; (5) that the driver of the school bus at said time was guilty of negligence in failing to keep a proper lookout and that such negligence was the proximate cause of the collision between the school bus and plaintiff's automobile, and that plaintiff sustained property damage to his car to the amount of $179.25, but no personal injuries; (6) that the bus in question was being used by the defendant to transport pupils to its public schools who resided outside as well as inside of the boundaries of said school district; that the State of Texas paid to said school district the sum of $3.25 per month per pupil transported, where such pupils resided outside of the boundaries of the district;...
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