Legal Opinion · Dissent

Batson-Milholme Co. v. Faulk

Court of Appeals of Texas

Decided December 15, 1918No. 7632Published

Appeal from District Gourt, Harris County; Henry J. Dannenbaum, Judge. Action by O. E. Eaulk against the Batson-Milholme Company. Prom a judgment for plaintiff, defendant appeals.

1DissentPleasants, C. J.

I am unable to agree with my Associates and the several Courts of Civil Appeals, whose opinions are cited in the opinion of the majority of the court in this case, in holding that the employs of a subscriber under the Texas Employers’ Liability Act of 1913 could maintain a common-law action for damages against his employer for personal injuries received in the course of his employment after the employer had become a subscriber under said act, but before the employs had received notice of the fact. It seems to me that, in or der to give the act the construction placed upon it by the majority,…

2Cases cited8 opinions

  1. Middleton v. Texas Power & Light Co.Texas Supreme Court · 1916
  2. Alexander v. WorthingtonCourt of Appeals of Maryland · 1853
  3. McDonald v. MillerTexas Supreme Court · 1897
  4. Rice v. GarrettCourt of Appeals of Texas · 1917
  5. Altgelt v. CallaghanCourt of Appeals of Texas · 1912

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