Howard Oil Co. v. Farmer
Texas Supreme Court
Appeal from Harris. Tried below before the Hon. James Masterson. Suit filed March 8, 1881, by Augustus Farmer against the Howard Oil Company for injuries sustained by Farmer on the 14th day of January, 1881, while in the employ of defendant. Appellant’s counsel stated the case substantially correct as follows: Farmer was employed as a “stripper” in appellant’s oil factory, and while rubbing off the “heater” by order of the superintendent, had two of his fingers cut off.
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Appeal from Harris. Tried below before the Hon. James Masterson. Suit filed March 8, 1881, by Augustus Farmer against the Howard Oil Company for injuries sustained by Farmer on the 14th day of January, 1881, while in the employ of defendant. Appellant’s counsel stated the case substantially correct as follows: Farmer was employed as a “stripper” in appellant’s oil factory, and while rubbing off the “heater” by order of the superintendent, had two of his fingers cut off. (The heater is an iron cylinder about two and a half feet high, and about four and a half or five feet in diameter. It…
1Opinion of the Court
Stayton, Associate Justice.—
The record shows that the appellee entered the service of the appellant on the morning of the day on which he was injured; that the use of the machinery which he was operating and the care of the same was attended with danger, and that he was di*305rected by the superintendent of the business of appellant to perform a service in reference to the machinery which was attended with great danger. There is a conflict of evidence as to whether or not the appellee was cautioned in regard to the dangers attending the doing of the act which he was directed to perform and in the…
2Cited by5 opinions
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