Atterbury v. Horton Horton

This suit was brought by appellant against appellees to recover damages for personal injuries which plaintiff alleges were caused by the negligence of the defendants. The petition alleges, and the evidence shows, that, while in the employment of defendants in the capacity of a bricklayer and engaged in laying brick in an excavation in a street of the city of Houston along which defendants were constructing a sewer for said city, plaintiff was injured by a brick which fell into the excavation and struck him.

The following are the grounds of negligence alleged in the petition:

“(a) In failing and…