McCracken v. Lantry-Sharpe Contracting Co.
Court of Appeals of Texas
Appeal from the District Court of Bell County. Tried below before Hon. John M. Furman. Defendant was owner of a rock quarry, Rettiker was its general manager, and Bruce a carpenter in charge of the erection of a rock crushing machine for defendant about which plaintiff and other laborers were employed. Bruce had authority to direct them in their work, but not to employ or discharge them.
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Appeal from the District Court of Bell County. Tried below before Hon. John M. Furman. Defendant was owner of a rock quarry, Rettiker was its general manager, and Bruce a carpenter in charge of the erection of a rock crushing machine for defendant about which plaintiff and other laborers were employed. Bruce had authority to direct them in their work, but not to employ or discharge them. He sent plaintiff up on the structure to hold the end of a timber which, under his direction, the others were raising by a derrick to place in position as a brace to the main upright timber of the structure.…
1Opinion of the Court
EIDSON, Associate Justice.
This action was brought in the court below by appellant against appellee to recover damages for personal injuries sustained by him while in the employ of appellee, through its alleged negligence. The trial before the court and a jury resulted in a verdict and judgment in favor of appellee, from which judgment appellant has perfected an appeal to this court.
Appellant’s first assignment of error complains of the action of the court below in giving to the jury the following instruction:
“Now, if you find from the evidence that John Bruce was the carpenter in charge of…
2Cases cited2 opinions
- Waxahachie Oil Company v. McLainCourt of Appeals of Texas · 1901
- Abilene Cotton Oil Co. v. AndersonCourt of Appeals of Texas · 1906
3Cited by4 opinions
- Lantry-Sharpe Contracting Co. v. McCrackenTexas Supreme Court · 1912
- Lantry-Sharpe Contracting Co. v. McCrackenCourt of Appeals of Texas · 1910
- Lowrey v. FitzhughCourt of Appeals of Texas · 1913
- Lantry-Sharpe Contracting Co. v. McCrackenCourt of Appeals of Texas · 1910