Houston & Tex. Cent. R'y Co. v. Conrad
Texas Supreme Court
Error from Limestone. Tried below before the Hon. L. Bradley. Frank Conrad brought this suit for damages resulting from the loss of his left eye. He charged “ that he was in the employ of the company, and in the line of his employment, engaged in striking a chisel with a spike maul, in the act of cutting railroad iron in two. That a piece or sliver from the head of the cold chisel flew off and put his eye out.”
Read the full summary
Error from Limestone. Tried below before the Hon. L. Bradley. Frank Conrad brought this suit for damages resulting from the loss of his left eye. He charged “ that he was in the employ of the company, and in the line of his employment, engaged in striking a chisel with a spike maul, in the act of cutting railroad iron in two. That a piece or sliver from the head of the cold chisel flew off and put his eye out.” He alleged that “ the spike maul that he was using to strike the cold chisel was an improper instrument furnished by the company for that purpose. That it should have been a sledge…
1Opinion of the Court
Stayton, Associate Justice.
It appears in this case that the appellee was injured by a small piece of a cold chisel,on which he was striking with a spike maul, flying off and striking him in the eye.
It does not appear that the cold chisel was defective in make, material or temper, but it does appear that even with a proper cold chisel small parts will frequently break and fly off.
The appellee was a blacksmith and accustomed to the use of a cold chisel, and hence as likely, if not more so, than other employees of the appellant to know the danger resulting from the use of a cold chisel in the…
2Cases cited3 opinions
- G., H. & S. A. R'y Co. v. LempeTexas Supreme Court · 1883
- H. & T. C. R'y Co. v. McNamaraTexas Supreme Court · 1883
- G., H. & San Antonio R'y Co. v. DrewTexas Supreme Court · 1883
3Cited by5 opinions
- Ohio Valley Railway Co. v. CopleyCourt of Appeals of Kentucky · 1914
- Ladonia Cotton Oil Co. v. ShawCourt of Appeals of Texas · 1901
- Holloway v. HallCourt of Appeals of Texas · 1912
- Gilbert v. MayerCourt of Appeals of Texas · 1936
- Heil v. RuddCourt of Appeals of Texas · 1956