Gulf, C. & S. F. Ry. Co. v. Clement

On Motion for Rehearing.

The evidence showed that the dome cap was loosened by the joint efforts of plaintiff and Porter who used a Stilson wrench for that purpose. Appellee’s motion for rehearing contains the following:

“This honorable court, as well as the jury, found that one of the causes of the explosion and the consequent injury was the act of the appellee in loosening the dome cap. Granting this to be true, and granting that the appellee was guilty of contributory negligence as found by the jury in loosening this dome cap, then this honorable court cannot escape the proposition that the…