Palfrey v. Texas Central Railway Co.

STEPHENS, Associate Justice.

It must be held to have been confusing and misleading for the court to instruct the jury, as was done in this case, that if they found from the evidence that appellee’s foreman in causing the steam shovel which injured appellant H. C. Palfrey to be moved as alleged by him, “failed to exercise such care, caution and prudence as an ordinarily careful, cautious and prudent man would have exercised in performing said act, under like circumstances, such failure would ordinarily constitute negligence.” We are at a loss to know what the jury would have understood the word…