Arambula v. J. M. Dellinger, Inc.

KLINGEMAN, Justice.

This is an appeal from a judgment that Manuel Arambula take nothing in a personal injury suit against J. M. Dellinger, Inc. For purposes of clarity, the parties will be referred to in this opinion as designated in the trial court, Manuel Arambula being the plaintiff and J. M. Dellinger, Inc., the defendant.

Plaintiff was a truck driver for a trucking company, hauling coldmix asphalt from railroad cars in Carrizo Springs, Dimmit County, Texas. Defendant was the owner and operator of a dragline machine unloading the asphalt from such railroad cars and placing it in trucks of…