Medlin Milling Co. v. Boutwell
Texas Supreme Court
Error to the Court of Civil Appeals, Fifth District, in an appeal from Hunt County. „ Boutwell sued the milling company and had judgment. Defendant appealed, and on affirmance obtained writ of error. On a former trial a demurrer to plaintiffs petition was sustained, but this ruling was reversed on his appeal. Boutwell v. Medlin Milling Co., 108 S. W., 1025.
1Opinion of the CourtJustice Williams
This writ of error is prosecuted from the judgment of the Court of Civil Appeals affirming that of the District Court in favor of defendant in error (plaintiff) against plaintiff in error (defendant) for damages for a personal injury inflicted on the plaintiff, a new employee of defendant, by its other employees, while attempting, in sport, to lay him across a barrel for the purpose of paddling him, a process which they called the “initiation” into the service.
The defendant is a milling corporation and at the time in question and for years before had a president, general manager, foremen and…
2Cases cited1 opinion
- Lewis' Admr. v. Taylor Coal Co.Court of Appeals of Kentucky · 1902
3Cited by15 opinions
- Waldo v. Galveston H. & S. A. Ry. Co.Texas Commission of Appeals · 1932
- Supreme Lodge Loyal Order of Moose v. KennySupreme Court of Alabama · 1916
- Lykes Bros. S. S. Co. v. GrubaughCourt of Appeals for the Fifth Circuit · 1942
- Roebuck v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1917
- Palatine Ins. Co. v. GriffinCourt of Appeals of Texas · 1918
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