Wallace v. Southern Cotton Oil Co.
Texas Supreme Court
Error to Court of Civil Appeals for the Fifth District, in an appeal from Harris County. Wallace, by next friend, sued the cotton oil company for personal injuries received while in its employ and charged to have been caused by defendant’s negligence in failing to explain to plaintiff, a minor, the dangers of the work and failing to light the press room where he was injured.
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Error to Court of Civil Appeals for the Fifth District, in an appeal from Harris County. Wallace, by next friend, sued the cotton oil company for personal injuries received while in its employ and charged to have been caused by defendant’s negligence in failing to explain to plaintiff, a minor, the dangers of the work and failing to light the press room where he was injured. The company appealed from a judgment for plaintiff, and the latter obtained writ of error, ,on its reversal by the Court of Civil Appeals in an opinion practically settling the case against him.
1Opinion of the Court
BROWN, Associate Justice.
The undisputed facts of this case are that the Southern Cotton-Oil Company owned, in connection with its oil mill, a machine for .baling the hulls of cotton seed used in the work of the mill. The baling machine was situated in another building or shed a short distance from the main building, and was run by the same power that propelled the mill machinery. The cotton company made a contract with John Davis, by which he was to bale the hulls furnished by the mill at three cents per bale of one hundred pounds. The baling machine was to be used by Davis, propelled by the…
2Cases cited4 opinions
- Lee v. International & Great Northern Railway Co.Texas Supreme Court · 1896
- Railroad Company v. HanningSupreme Court of the United States · 1873
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