Galveston Rope & Twine Co. v. Burkett
Court of Appeals of Texas
This was an action for damages, brought by appellee against appellant, for the loss of the middle finger of the left hand, which was injured by being struck by the spindle, or flyer, of a balling machine, which was set in motion by a coemploye, who, appellee claims, was incompetent. Appellant was charged with negligence in employing the coservant.
1Opinion of the Court
WILLIAMS, Associate Justice.
The first assignment of error is, that the court erred in overruling the exception to the petition, because of its omission to allege that appellant knew, or by the use of ordinary care could have- known, of the incompetency of the servant from whose negligence it is alleged that appellee’s injury resulted. The petition alleged, that the act of employing a servant was done in a careless and negligent manner, and that in consequence thereof an incompetent servant was taken into appellant’s service. This was not an abstract allegation that appellant was guilty of…
2Cases cited4 opinions
- Brown v. SullivanTexas Supreme Court · 1888
- Houston & T. C. R'y Co. v. CowserTexas Supreme Court · 1881
- Texas & N. O. R'y Co. v. CrowderTexas Supreme Court · 1885
- San Antonio & Aransas Pass Railway Co. v. BennettTexas Supreme Court · 1890
3Cited by4 opinions
- Alabama Fuel & Iron Co. v. DensonSupreme Court of Alabama · 1922
- Pennsylvania Coal Co. v. BowenSupreme Court of Alabama · 1909
- Penn Foundry & Manufacturing Co. v. ProbstSupreme Court of Virginia · 1912
- Texas & Pacific Coal Co. v. GibsonCourt of Appeals of Texas · 1915