Fort Worth Elevators Company v. Mrs. Mary Lee Russell

Summary

The Texas Supreme Court held that Fort Worth Elevators Company is liable for exemplary damages because its superintendent acted as a vice principal whose negligent hiring and retention of an employee caused the death of John T. Russell. The Court also found the trial court's jury charge on exemplary damages erroneous and remanded for a new trial with proper instructions, including the requirement that actual damages be shown to support punitive awards.