Payne v. Harris
Court of Appeals of Texas
Appeal from District Court, Harrison County; P. O. Beard, Judge. Action by C. S. Harris against John Barton Payne, as Director General, and later Agent, of the Texas '& Pacific Railway Company. Judgment for plaintiff, and defendant appeals.
1Opinion
On Motion for Rehearing.
The argument is made that this case should be reversed for two reasons: First, because there was no evidence to support a finding by the jury that the fellow employes of the appellee negligently failed to render proper assistance in lifting the box; and, second, because, if the box was too heavy, the appellee knew as much about its weight as did the foreman, and therefore, as a matter of law, assumed the risk of injury from an attempt to lift it.
[7] The court submitted, without objection, as a ground of recovery, the issue of negligence on the part of the appellee’s…
2Cases cited5 opinions
- Stephenville, N. & S. T. Ry. Co. v. SheltonTexas Commission of Appeals · 1919
- Galveston, H. & S. A. Ry. Co. v. BrownCourt of Appeals of Texas · 1915
- Rice Lyon, Rec'rs Kirby Lumber v. LewisCourt of Appeals of Texas · 1910
- Lancaster v. JohnsonCourt of Appeals of Texas · 1920
- Thornhill v. Kansas City, M. & O. Ry. Co. of TexasCourt of Appeals of Texas · 1920