SMITH v. JUNGKIND

No. 10068.

252 S.W.2d 596 (1952)

SMITH et al. v. JUNGKIND.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied November 19, 1952.


Attorney(s) appearing for the Case

Carl Wright Johnson, Swearingen & Sayles and Eskridge & Groce, all of San Antonio, for appellants.

Lawrence Bruhl, Llano, Robert E. Lee, Mason, Charles J. Lieck, Sr., San Antonio, for appellee.


GRAY, Justice.

Appellee sued appellants for damages sustained by him as the result of an alleged intentional shooting of appellee by appellant, Dean Oscar Smith, while acting in the course of his employment with appellants, H. A. Fitzsimmons and Fitzsimmons Land and Cattle Company.

Upon the trial a jury, among other findings, found that: Dean Oscar Smith fired the shot that struck appellee; that he fired the shot with intent to injure; that the shot was the...

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