Volker Grasso v. Cannon Ball Motor Freight Lines

Summary

The Texas Supreme Court affirmed the Court of Civil Appeals, holding that an insurance company (surety) cannot be joined as a defendant with the motor carrier in a negligence suit; a cause of action against the insurer arises only after a judgment against the carrier, and the trial court erred in allowing a preliminary jury instruction that tied damages to findings of negligence and contributory negligence.