Safety Casualty Company v. Daisy Wright

Summary

The Texas Supreme Court reversed the lower courts and remanded the case for a new trial, holding that the plaintiff is bound by the theory pleaded and may not recover on an unpleaded theory. The Court also affirmed that the employee was within the course of employment while a passenger on a bus used in the performance of his duties, but that injury incurred while repairing the bus was not within the scope of employment.