San Antonio Brewing Ass'n v. Gerlach

Appellee, an employé of appellant, instituted this suit to recover damages arising from injuries inflicted on him by the breaking of an axle of a beer wagon that he was driving in pursuance of his duties as servant of appellant. It was alleged that the axle was defective, which was known, or would have been known by the exercise of ordinary care, to appellant, and said defect caused it to break and throw ap-pellee from the wagon and break his leg. Appellant denied liability, and pleaded that the defect was latent and could not be discovered by the exercise of ordinary care, and that appellee…