Southwestern Portland Cement Co. v. McBrayer
Court of Appeals of Texas
Appeal from District Court, El Paso County; James R. Harper, Judge. Action by E. E. McBrayer against the Southwestern Portland Cement Company. Judgment for plaintiff, and defendant appeals.
1Opinion
On Motion for Rehearing.
At the beginning it will be remembered that in this case the appellee alleged two grounds of negligence: One, that the defendant furnished a defective ladder; the other, that the defendant failed to inspect such ladder. In alleging the issue of failure to inspect such ladder, the appellee made it incumbent on the court to inform the jury to what extent such failure might or might not, under the circumstances, be negligence.
[2] It is contended by appellees in motion for rehearing that whether or not there was a duty of inspection upon the defendant was by the court’s…
2Cases cited22 opinions
- Gulf, Colorado & Santa Fe Railway Co. v. ShiederTexas Supreme Court · 1895
- Gulf, Colorado & Santa Fe Railway Co. v. CusenberryTexas Supreme Court · 1894
- Missouri Pacific Railway Co. v. CullersTexas Supreme Court · 1891
- Brownson v. ScanlanTexas Supreme Court · 1883
- Kirby v. EstillCourt of Appeals of Texas · 1889
17 more not listed; retrieve them via the Exa API.