Court of Appeals of Texas October 10, 1979, No. A2066 (Cope Construction Co. v. Power)

PAUL PRESSLER, Justice.

This is an appeal from the overruling of appellants’ plea of privilege.

On June 13, 1975, Randy Power suffered injuries when thrown from the tailgate of a moving pick-up truck. The truck was owned by appellant Cope Construction Co. (Cope), and driven by Herman Yeager (Yeager), a construction foreman employed by Cope.