SMITH v. M SYSTEM FOOD STORES

No. A-6023.

297 S.W.2d 112 (1957)

Lawrence SMITH, Petitioner, v. M SYSTEM FOOD STORES, Inc., Respondent.

Supreme Court of Texas.

January 2, 1957.


Attorney(s) appearing for the Case

W. J. Durham, Dallas, for petitioner.

Kerr & Gayer, San Angelo, McDonald & Shafer, Odessa, for respondent.


CULVER, Justice.

The only question before us in this case is whether there is any evidence to support the jury's finding that an employee of respondent, M System, was in the scope of his employment in making the unlawful arrest of petitioner, Smith.

A regular member of the police force of the City of San Angelo, by the name of James, was employed part time by M System Stores to protect its property from theft by shoplifters. During business hours, James detected...

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