
    Frank SMITH, Appellant, v. H. JOSCHKE, Appellee.
    No. 9574.
    Court of Civil Appeals of Texas. San Antonio.
    April 24, 1935.
    Rehearing Denied May 22, 1935.
    J. B. Wieser, of Fredericksburg, for appellant.
    Alex Jung, of Fredericksburg, for ap-pellee.
   BICKETT, Chief Justice.

This is an appeal by Frank Smith from a judgment for $140 rendered against him in favor of H. Joschke for damages to property resulting from an automobile collision.

At the time of the collision, Werth Sweatmann was driving Smith’s car with his permission and within his power of control, as the two returned together from a dance. The evidence was sufficient to raise the issue of the agency of the former for the latter and to sustain an affirmative finding thereon by the judge or jury.

The jury found in answer to a general question that Sweatmann was guilty of negligence and, also, in answer to other questions that he was not guilty oi each of the several acts of negligence alleged. Thus, the answers of th®! jury to the special issues submitted -are so contradictory as to make it- impossible for the verdict and the judgment thereon to stand. .,;

The judgment is reversed, and the cause remanded. .:i/\.io  