Consumers' Lignite Co. v. Hubner
Court of Appeals of Texas
Appeal from District Court, Wood County; R. W. Simpson, Judge. Action by William Hubner against the Consumers’ Lignite Company. Prom a judgment for plaintiff, defendant appeals. The court instructed: “If you find that the accident which happened to plaintiff .was one ordinarily incident to the business of sending men into the mine through the man-way, then he assumed the risk of injury.”
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Appeal from District Court, Wood County; R. W. Simpson, Judge. Action by William Hubner against the Consumers’ Lignite Company. Prom a judgment for plaintiff, defendant appeals. The court instructed: “If you find that the accident which happened to plaintiff .was one ordinarily incident to the business of sending men into the mine through the man-way, then he assumed the risk of injury.” Plaintiff’s counsel, in his argument to the jury, said: “We have only brought this suit for $1,999.99, although we know we are entitled to more, because the defendant is a foreign corporation, and if we sued…
1Opinion of the CourtRasbury, J.
Appellee sued appellant in the district court of Wood county for damages for alleged personal injuries received by appellee while in the service of appellant as a miner at appellant’s mines in Wood county. The specific acts of negligence alleged to have been the cause of appellee’s injuries will develop upon consideration of the several assignments of error. There was trial by jury, and verdict and judgment for appellee.
[1] The first assignment of error complains of the action of the district court in overruling appellant’s application for a continuance. The application was a first one and in…
2Cases cited12 opinions
- Missouri, Kansas & Texas Railway Co. v. HannigTexas Supreme Court · 1897
- Missouri Pacific Railway Co. v. SomersTexas Supreme Court · 1890
- Harpold v. MossTexas Supreme Court · 1908
- Eastham v. HunterTexas Supreme Court · 1905
- Shippers Compress & Warehouse Co. v. DavidsonCourt of Appeals of Texas · 1904
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Guedry v. JordanCourt of Appeals of Texas · 1924
- Ohlen v. HagarCourt of Appeals of Texas · 1948
- Hodges v. Swastika Oil Co.Court of Appeals of Texas · 1916
- St. Louis, S. F. & T. Ry. Co. v. WilliamsCourt of Appeals of Texas · 1937
- Wilson v. G. A. Stowers Furniture Co.Court of Appeals of Texas · 1927
1 more not listed; retrieve them via the Exa API.