Court of Appeals of Texas June 27, 1956, No. 10414 (M System Food Stores, Inc. v. Smith)

HUGHES, Justice.

Lawrence Smith, appellee, sued M System Food Stores, Inc., Melvin James and others for damages, actual and exemplary, resulting from an alleged assault and battery and an unlawful arrest.

Trial was to a jury which made unfavorable answers as to both M System and James, however, appellee requested that no judgment be rendered against James but only against M System.