International & Great Northern Railroad v. Doyle
Texas Supreme Court
Appeal from Harris. Tried below before the Hon. James Masterson. Doyle sued to recover damages for an injury to Ms hand, received in operating a hand-car, while in appellant’s employ as a section hand on the road. It was alleged that the injury complained of resulted from the negligence of defendant in failing to provide a safe and proper hand-car for the use of the laborers on the section.
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Appeal from Harris. Tried below before the Hon. James Masterson. Doyle sued to recover damages for an injury to Ms hand, received in operating a hand-car, while in appellant’s employ as a section hand on the road. It was alleged that the injury complained of resulted from the negligence of defendant in failing to provide a safe and proper hand-car for the use of the laborers on the section. The petition alleged that the handle to the crank on the hand-car which he was furnished to use, was a piece of iron or steel, “ eight square,” three-quarters of an inch in diameter, sixteen inches long,…
1Opinion of the Court
Roberts, Chide Justice.
The errors assigned are, that the court erred in overruling the exceptions to the petition, and that the verdict of the jury was not supported by the evidence, and was contrary to the charge of the court.
In considering the first assignment of error, the following general propositions may be announced, in determining .the sufficiency of the petition:
That it is the duty of the master to furnish and maintain implements and machinery reasonably suitable to perform the work which the servant is required to do in the discharge of his duty under such employment. (Houston and…
2Cited by13 opinions
- Roxanne Hook v. The Morrison Milling CompanyCourt of Appeals for the Fifth Circuit · 1994
- Lake Shore & Michigan Southern R. W. Co. v. McCormickIndiana Supreme Court · 1880
- Bogenschutz v. SmithCourt of Appeals of Kentucky · 1886
- Malm v. ThelinNebraska Supreme Court · 1896
- Nunez v. Wyatt Cafeterias, Inc.District Court, N.D. Texas · 1991
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