Legal Opinion

Hightower v. Gray

Court of Appeals of Texas

Decided October 26, 1904PublishedCited by 7 opinions

Appeal from the District Court of Bexar. Tried below before Hon. J. L. Camp.

1Opinion of the Court

FLY, Associate Justice.

Appellant sued to recover damages from appellee alleged to have accrued through the negligence of appellee, his employer, in ordering him to engage in excavating underneath a rock, which fell upon and injured him. Appellee answered charging contributory negligence and assumed risk. The court instructed a verdict for appellee.

Appellant swore that he applied to appellee, a laundryman, for work, and he employed him to make an excavation underneath his place of business, to be used as a cellar. Appellee told appellant how he wanted the work done; that he wanted him to…

2Cases cited8 opinions

  1. Naylor v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1881
  2. Texas & Pacific Railway Co. v. FrenchTexas Supreme Court · 1893
  3. G., H. & S. A. R'y Co. v. LempeTexas Supreme Court · 1883
  4. Brown v. Oregon Lumber Co.Oregon Supreme Court · 1893
  5. Jones v. Galveston, Harrisburg & San Antonio Railway Co.Court of Appeals of Texas · 1895

3 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Turner v. McKinneyCourt of Appeals of Texas · 1915
  2. City of Austin v. GressCourt of Appeals of Texas · 1913
  3. Lantry-Sharpe Contracting Co. v. McCrackenCourt of Appeals of Texas · 1910
  4. San Antonio & A. P. Ry. Co. v. BlairCourt of Appeals of Texas · 1915
  5. La Fond v. Wm. Parr Co.Court of Appeals of Texas · 1929

2 more not listed; retrieve them via the Exa API.

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