Vernon Cotton Oil Co. v. Jones
Court of Appeals of Texas
Appeal from District Court, Wilbarger County; S. P. Huff, Judge. Action by A. B. Jones against the Vernon Cotton Oil Company. Judgment for plaintiff, and defendant appeals. Late on May 22, 1909, appellee and his companion, Herring, applied to the night superintendent of appellant for employment, and were employed, and at 7 o’clock p. m., along with the night shift, were set to work in the mealroom trucking meal.
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Appeal from District Court, Wilbarger County; S. P. Huff, Judge. Action by A. B. Jones against the Vernon Cotton Oil Company. Judgment for plaintiff, and defendant appeals. Late on May 22, 1909, appellee and his companion, Herring, applied to the night superintendent of appellant for employment, and were employed, and at 7 o’clock p. m., along with the night shift, were set to work in the mealroom trucking meal. They offered for no special work, and were not engaged for special work, hut generally to do work. Appellee was 22 years old. At -midnight a recess from work for one hour for lunch…
1Opinion of the Court
In view of the evidence, there are certain assignments for error relating to the charge to the jury that should be sustained, we think, and would require a reversal of the judgment. But as the ninth assignment, if sustained, and under the testimony we feel constrained to hold that it must be, would dispose of the appeal on the merits of the case, we discuss only that error.
The assignment predicates error upon the refusal of the court to give a requested peremptory instruction to return a verdict for appellant. As such an instruction involves the right of appellee to recover against the…
2Cases cited6 opinions
- Hickey v. . TaaffeNew York Court of Appeals · 1887
- Buckley v. Gutta Percha & Rubber Manufacturing Co.New York Court of Appeals · 1889
- Radley v. KnepflyTexas Supreme Court · 1911
- Palmer v. HarrisonMichigan Supreme Court · 1885
- Arizona Lumber & Timber Co. v. MooneyArizona Supreme Court · 1895
1 more not listed; retrieve them via the Exa API.
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- Texas Consolidated Theatres, Inc. v. SlaughterCourt of Appeals of Texas · 1940
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