Sinclair Refining Company v. Winder

WILSON, Justice.

Plaintiff alleged he was employed by a railroad engaged in switching operations on appellant’s premises, when he stepped on a pile of slag on appellant’s tracks; that he fell on the track and a car rolled over his finger. Defendant’s pleading was a general denial.

Plaintiff admitted, and the jury found, that he knew of the unsafe condition of the track. The jury found defendant’s negligence in maintaining the pile of slag was a proximate cause of his damages. We think the record establishes as a matter of law that the condition was open, obvious, and known to both parties.…