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

Summary

The Texas Supreme Court reversed the district court and Court of Civil Appeals judgments and remanded the case for a new trial because the special issue submitted to the jury improperly asked whether Newspapers, Inc. "retained or exercised" control, rather than the proper test of the right to control. The Court held that the relationship between C. E. Cargile and Newspapers, Inc. was that of an independent contractor under the written contract, and that the "right of control" is the supreme test for determining a master‑servant relationship. A dissent argued that the reversal was improper because the error was limited to the wording of the special issue and was not preserved for appeal.