Armour Co. v. Morgan
Court of Appeals of Texas
Appeal from District Court, Tarrant County. Action by Eddie Morgan, by next friend, against Armour & Company. Judgment for plaintiff, and defendant appeals. Eddie Morgan, a boy about 15 years of age, had the entire forefinger of his left hand severed, and the thumb on that hand mashed and broken, causing it to be crooked and stiff, by being caught in the “lifter” of a machine being operated by appellant in a department of its packing plant at North Ft.
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Appeal from District Court, Tarrant County. Action by Eddie Morgan, by next friend, against Armour & Company. Judgment for plaintiff, and defendant appeals. Eddie Morgan, a boy about 15 years of age, had the entire forefinger of his left hand severed, and the thumb on that hand mashed and broken, causing it to be crooked and stiff, by being caught in the “lifter” of a machine being operated by appellant in a department of its packing plant at North Ft. Worth.' The machine is used to place and brad round pieces of tin, called “ears,” on tin buckets, and is described as being constructed of a…
1Opinion of the CourtLevy, J.
(after stating the facts as above). [1] The first assignment predicates error upon the refusal of the court to give a peremptory instruction in favor of the appellant. The evidence was sufficient to make an issue, and require the court to submit it to the jury, of negligence vel non in the company in failing to safeguard the dangerous piece of machinery under the frame. The “lifter” was a device made of iron, and in operation rose up and came down in a 4%-inch stroke, and was without guard or fender. .Only boys were employed to work at the machine. For the want of a fender, or guard, the hand…
2Cases cited5 opinions
- Saint Louis, Arkansas & Texas Railway Co. v. JohnstonTexas Supreme Court · 1890
- Gulf, Colorado & Santa Fe Railway Co. v. McGowanTexas Supreme Court · 1889
- Texas & Pacific Railway Co. v. GayTexas Supreme Court · 1895
- Texas & New Orleans Railway Co. v. ConroyTexas Supreme Court · 1892
- Texas & Pacific Railway Co. v. JonesCourt of Appeals of Texas · 1911
3Cited by6 opinions
- Batson-Milholme Co. v. FaulkCourt of Appeals of Texas · 1918
- Magnolia Paper Co. v. DuffyCourt of Appeals of Texas · 1915
- Bering Mfg. Co. v. SeditaCourt of Appeals of Texas · 1919
- Texas Midland R. Co. v. TrussCourt of Appeals of Texas · 1916
- Chicago, R. I. &. G. Ry. Co. v. DickersonCourt of Appeals of Texas · 1925
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