Court of Appeals of Texas November 18, 1936, No. 9893 (Markusfeld v. Zahn)

MURRAY, Justice.

Elmer Zahn instituted this suit in the district court of Starr county against Bennie Markusfeld and Jake Markusfeld, doing business under the assumed name and style of Markusfeld Banana Company, seeking to recover damages in the sum of $40,000 for personal injuries alleged to have been suffered by the said Elmer Zahn as the direct and proximate result of the negligence of the