Sears-Roebuck Co. v. L. O. Embree

Full title: SEARS-ROEBUCK COMPANY, Appellant, v. L. O. EMBREE et al., Appellees

Court: Court of Civil Appeals of Texas, Waco

Date published: Jul 21, 1931

41 S.W.2d 1119 (Tex. Civ. App. 1931)

Opinion

No. 1126.

July 21, 1931.

Appeal from District Court, Dallas County; T. A. Work, Judge.

Action by L. O. Embree and another against Sears-Roebuck Co. Judgment for plaintiffs, and defendant appeals.

Modified and affirmed.

Thompson, Knight, Baker Harris, of Dallas, for appellant.

Seay, Seay, Malone Lipscomb, of Dallas, for appellees.

GALLAGHER, C. J.

This appeal is prosecuted by appellant, Sears-Roebuck Co., from a judgment of the district court awarding damages against it in favor of appellees, L. O. Embree and his minor daughter, Mary Elizabeth Embree.

The parties hereto have filed in this court a joint motion asking the court to affirm the judgment in favor of the minor, Mary Elizabeth Embree, and to modify the judgment in favor of appellee L. O. Embree by reducing the same to the sum of $200.

Said motion is here granted, and the judgment of the trial court against appellant in favor of the minor, Mary Elizabeth Embree, is affirmed, and the judgment of the trial court in favor of appellee L. O. Embree is modified by reducing his recovery to the sum of $200, and, as so modified, the judgment in his favor is also affirmed.

All costs are adjudged against appellant in accordance with the provisions of said motion.