Waterman Lumber Co. v. Beatty
Court of Appeals of Texas
Appeal from District Court, Harrison County; P. O. Beard, Judge. Action by Dave Beatty against the Waterman Lumber Company. Judgment for plaintiff, and defendant appeals. The action is for damages for personal injuries. The negligence alleged is in employing an inexperienced youth under 15 years of age to do and perform the work of a railway brakeman, and to do and perform the work required of the plaintiff, and in not warning him of the danger incident to the work.
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Appeal from District Court, Harrison County; P. O. Beard, Judge. Action by Dave Beatty against the Waterman Lumber Company. Judgment for plaintiff, and defendant appeals. The action is for damages for personal injuries. The negligence alleged is in employing an inexperienced youth under 15 years of age to do and perform the work of a railway brakeman, and to do and perform the work required of the plaintiff, and in not warning him of the danger incident to the work. The defendant answered that the plaintiff was more than 15 years old, and was not employed about the machinery in any mill or…
1Opinion of the CourtLevy, J.
(after stating the facts as above).
[1-3] Under appropriate assignments of error the appellant insists that the plaintiff cannot maintain his suit in court against the company, but must seek his remedy under the terms of the Workmen’s Compensation Act of the state. Acts of 1917, p. 269 (Vernon’s Ann. Code Civ. Supp. 1918, arts. 5240a to 5246 — 107). And the appellee says that this act does not, under the circumstances, apply to this case, for the reason that David Beatty was employed in violation of the Penal Code, and the insurance policy does not cover a case of unlawful employment. The…
2Cases cited6 opinions
- Starnes Ex Rel. Starnes v. Albion Manufacturing Co.Supreme Court of North Carolina · 1908
- Wendt v. Industrial Insurance CommissionWashington Supreme Court · 1914
- Hillestad v. Industrial Insurance CommissionWashington Supreme Court · 1914
- McGowan v. Ivanhoe Manufacturing Co.Supreme Court of North Carolina · 1914
- Stirling v. Bettis Mfg. Co.Court of Appeals of Texas · 1913
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Daly v. Swift & Co.Montana Supreme Court · 1931
- Ortega v. Salt Lake Wet Wash LaundryUtah Supreme Court · 1945
- Texas Employers' Ins. Ass'n v. TaborCourt of Appeals of Texas · 1925
- Burk v. Montana Power Co.Montana Supreme Court · 1927
- In re StonerIndiana Court of Appeals · 1920
6 more not listed; retrieve them via the Exa API.