Texas & P. Ry. Co. v. Umberson

PELPHREY, O. J.

This suit was originally instituted by appellee, Umberson, against J. L. Lancaster and Charles L. Wallace, as receivers of the Texas & Pacific Railway Company, to recover damages for the loss of the thumb on his left hand, which loss he alleges was caused by a steam hammer falling on his left hand in the machine shop of appellant at Big Spring, Tex., in the early part of November, 1922.

On January 17, 1925, appellee filed his third amended original petition dismissing the suit as against the receivers and prayed for judgment against the appellant, alleging that in May, 1924, the…