Texas Supreme Court

Newspapers, Inc., Petitioner v. Gerald Witt Love, Respondents

March 11, 1964380 S.W.2d 582

Summary

The Texas Supreme Court reversed the district court and Court of Civil Appeals and remanded for a new trial because Special Issue No. 1 was improperly worded, submitting the master‑servant issue as an evidentiary question rather than the controlling "right of control" test. The Court held that the error was prejudicial and required reversal.