Houston & T. C. R. Co. v. Haberlin

During tbe last term of this court this case was reversed and remanded, alone upon tbe ground that tbe trial court submitted a question of contributory negligence pleaded by tbe defendant and raised by the evidence as an issue to be found by tbe jury, holding that tbe court should have charged tbe jury that if defendant allowed tbe water in tbe boiler to get below tbe crown sheet, whereby tbe same became overheated, and that while in this condition be turned tbe water into it, thereby causing tbe explosion, then be was as a matter of law guilty of contributory ngligence, and hence precluded…