Texas & Pacific Railway Co. v. Presley

on motion for rehearing.

In March, 1937, plaintiff, J. D. Presley, while employed in the Bridge & Builders Department as a section .hand for the defendant, Texas & Pacific Railway- Company, fell from a house he was repairing for defendant and was injured. He had been working for the Railway Company about eight months *235at the time of his injury. For several days prior to plaintiff’s injury, the section crew, including plaintiff, had been repairing the inside of a section house. The night before plaintiff was injured there was a heavy rain in the vicinity of the section house which was being…