Sternenberg v. Marshall

HUGHES, Justice.

This is a suit for damages arising from the death of Elmo Marshall who at the time of receiving his fatal injuries was an employee of appellant' F. W. Sternenberg. Appellees are the surviving wife, children and parents of deceased and the administrator of his estate.

Marshall was severely burned while using, in the course of his duties, a weed burner at appellant’s lákeside lodge in Travis County on January 7, 1951. He succumbed to these injuries on March 30, 1951.

Appellees pleaded that while Marshall was so using the weed burner that the flexible fabric hose leading from the…