City of Austin v. Gress
Court of Appeals of Texas
Appeal from District Court, Travis County; Geo. Calhoun, Judge. Action by E. J. Gress against the City of Austin. Judgment for plaintiff, and defendant appeals.
1Opinion of the CourtJenkins, J.
This is a suit in which ap-pellee recovered $400 damages against appellant on account of injuries received by him from the caving of a ditch in which, he was at work. The ditch was about 4 feet wide and 12 feet deep. Appellee at the time of the injury was tamping dirt around a pipe in said ditch.
The general and special charges given by the court properly submitted to the jury the issue of negligence on the part of appellant, and of assumed risk on the part of appellee. It is the contention of appellant, however, that the court should have peremptorily instructed a verdict against appellee,…
2Cases cited4 opinions
- Texas & Pacific Railway Co. v. FrenchTexas Supreme Court · 1893
- G., H. & S. A. R'y Co. v. LempeTexas Supreme Court · 1883
- Hightower v. GrayCourt of Appeals of Texas · 1904
- Fort Worth Stock Yards Co. v. WhittenburgCourt of Appeals of Texas · 1904
3Cited by9 opinions
- D. &. H. Truck Line v. LavalleeCourt of Appeals of Texas · 1928
- Carter v. WalkerCourt of Appeals of Texas · 1913
- Faris v. Burroughs Adding Machine Co.Idaho Supreme Court · 1929
- Gordon Jones Const. Co. v. LopezCourt of Appeals of Texas · 1914
- Turner v. McKinneyCourt of Appeals of Texas · 1915
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