Dallas Gas Co. v. Patton

Appellee instituted this suit against appellant to recover damages for personal injuries alleged to have been received by him while in the employ of appellant by falling through a hole in the floor of the stoking room of appellant’s plant. Appellant answered by general demurrer, general denial, assumed risk, and contributory negligence. A trial before a jury resulted in a verdict and judgment in favor of plaintiff for $6,000, and defendant appeals. Appellant complains of the court for refusing to instruct a verdict for defendant, as requested.

The evidence shows that appellant was…