S.A. A.P. Ry. Co. v. Deham

The following questions, with accompanying statement, are sent up by the Court of Civil Appeals for the First District:

"The action was a suit for personal injuries and resulted in a verdict for appellee. * * *

"The part of appellee's petition in which his cause of action is alleged is as follows:

"`Your petitioner charges that the explosion occurred from no want of care on his part. That prior to the explosion, and within a few minutes thereof, he tested the water in the boiler and found the same to be right, but that the explosion occurred through the negligence of defendant in failing to have…