Texas & P. Ry. Co. v. Howell

GRISSOM, Justice.

A. A. Howell sued the Texas & Pacific Railway Company for damages resulting from injuries suffered while loading cotton from the defendant’s platform onto railway cars at Trent. Plaintiff was employed to load the cotton by its owner. The injury occurred September 19, 1936. That plaintiff was an invitee at the time of his injury is admitted.

Plaintiff alleged (a) that defendant’s platform was old and the boards constituting the surface thereof had become decayed, weak and rotten to the extent that same would break when a man of ordinary weight stepped upon same; that said…