City of Galveston v. Hemmis

Collard, Judge.

Appellant’s first assignment of error is that the verdict of the jury is contrary to the following instruction of the court given at request of defendant: “If you believe from the evidence that the plaintiff was in the employ of the defendant and had the same or equal means of knowing the condition of the sidewalk where he was injured as did the defendant, and that the defect was patent, open, and visible, then you will find for the defendant.”

By this charge two questions of fact were presented to the jury, the finding of both of which in the affirmative was necessary to a…