J. A. Robinson Sons v. Helen O. Wigart Et Al‪.‬

Under some circumstances, a regular employee of one person may become the loaned or borrowed employee of another. Chester W. Britain was the regular employee of J. A. Robinson Sons, Inc., herein called Robinson, the defendant below. Britain was involved in an accident which resulted in the death of William Wigart. Robinson contended that at the particular time of the accident, Britain had become the employee of Boman-Chase Company and hence that it, Robinson, was not responsible. Trial was to a jury which found that Britain was not the borrowed employee of Boman-Chase; i.e., Britain remained the employee of Robinson, and Robinson was held liable. The Court of Civil Appeals affirmed. 420 S.W.2d 474. It is contended here by Robinson that no question of fact existed on the issue of borrowed employee; and that the question should not have been submitted to the jury; that as a matter of law, Britain had become and was acting as the borrowed employee of Boman-Chase. In the alternative, it is contended that the questions, including those related to borrowed employee, were not fairly submitted to the jury.