Legal Opinion

Southwestern Portland Cement Co. v. McBrayer

Court of Appeals of Texas

Decided October 12, 1911PublishedCited by 15 opinions

Appeal from District Court, El Paso County; James R. Harper, Judge. Action by E. E. McBrayer against the Southwestern Portland Cement Company. Judgment for plaintiff, and defendant appeals.

1Opinion of the Court

8224 Writ of error denied by Supreme Court. This was a suit by the appellee, as plaintiff, alleging in substance that, while working for appellant (defendant below) as a carpenter, he was injured by the breaking of a ladder furnished by the defendant which was defective and which defendant had failed to fully inspect. There was a judgment for plaintiff, and defendant appealed.

The defendant pleaded that the ladder used by appellee was an ordinary ladder, its construction and condition obvious to any one using same, and plaintiff as a carpenter was so familiar with ladders that no duty of…

2Cases cited26 opinions

  1. Gulf, Colorado & Santa Fe Railway Co. v. ShiederTexas Supreme Court · 1895
  2. Fort Smith v. Fairbanks, Morse CompanyTexas Supreme Court · 1907
  3. Gulf, Colorado & Santa Fe Railway Co. v. CusenberryTexas Supreme Court · 1894
  4. Missouri Pacific Railway Co. v. CullersTexas Supreme Court · 1891
  5. Gulf, Colorado & Santa Fe Railway Co. v. LarkinTexas Supreme Court · 1904

21 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Beaumont, Sour Lake & Western Railway Co. v. SchmidtTexas Supreme Court · 1934
  2. Armour & Co. v. TomlinTexas Commission of Appeals · 1933
  3. Beaumont, S. L. & W. Ry. Co. v. SchmidtTexas Commission of Appeals · 1934
  4. Olds Motor Works v. ChurchillCourt of Appeals of Texas · 1915
  5. Armour & Co. v. TomlinCourt of Appeals of Texas · 1931

10 more not listed; retrieve them via the Exa API.

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