Dillingham v. Harden

LIGHTFOOT, Chief Justice.

This suit was brought by appellee for damages for personal injury. The facts under the verdict were substantially as follows:

Appellant, Charles Dillingham, was on January 30, 1889, receiver of the Houston & Texas Central Railway Company, and as such had employed appellee as a laborer, and he was assisting in putting in a stone foundation for a railway water tank at Denison for appellant. An excavation had been made about four feet deep, and appellee that day, under the orders of appellant, was in the pit thus made to assist the mechanics in placing the stone. He had…