West Lumber Co. v. Morris & Barnes

I concur with my brethren in their disposition of this case, and in all their conclusions except the construction of article 5246 — 1, Revised Civil Statutes (Vernon’s Ann. Civ. St. Supp. 1918), in its relation to the defense of assumed risk. Appellant’s fourteenth proposition is as follows:

“Regardless of the Workmen’s Compensation Law, an employee assumes those risks which are inherent in the work being done, which cannot be eliminated and which exist after the master has exercised ordinary care with reference thereto for the safety of the servant.”

This proposition is based upon the court’s…