Southwestern States Portland Cement Co. v. Riser
Court of Appeals of Texas
Appeal from District Court, Dallas County; E. B. Muse, Judge. Action by R. J. Riser against Southwestern States Portland Cement Company. From the judgment for plaintiff, defendant appeals. Appellee was in the employment of appellant as a laborer in the construction of a rock storage plant. On the 13th day of May, he, together with a fellow servant, was engaged in riveting sheeting to the side of the structure.
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Appeal from District Court, Dallas County; E. B. Muse, Judge. Action by R. J. Riser against Southwestern States Portland Cement Company. From the judgment for plaintiff, defendant appeals. Appellee was in the employment of appellant as a laborer in the construction of a rock storage plant. On the 13th day of May, he, together with a fellow servant, was engaged in riveting sheeting to the side of the structure. In the course of the work the men used two scaffolds, each consisting of a piece of board suspended on the opposite sides of a wall of the structure by ropes fastened to projections…
1Opinion of the CourtBooichout, J.
(after stating the facts as above).
[1] It is contended that the court erred in refusing to instruct a verdict for defendant. The evidence shows that the appellant was guilty of negligence in failing to furnish Harrell, who erected the scaffolds, sufficient ropes and lashings to hang the same with separate ropes and lashings, and for this 'reason it was necessary to hang both scaffolds from the same ropes. The case was tried on the theory that the company was negligent in failing to furnish Harrell sufficient ropes to enable him to safely hang the scaffolds, and that such negligence caused the…
2Cases cited10 opinions
- Standard Oil Co. v. BrownSupreme Court of the United States · 1910
- Young v. HahnTexas Supreme Court · 1902
- Bering Manufacturing Co. v. FemelatCourt of Appeals of Texas · 1904
- Lantry-Sharpe Contracting Co. v. McCrackenCourt of Appeals of Texas · 1909
- Missouri, Kansas & Texas Railway Co. v. WiseTexas Supreme Court · 1908
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- City of Greenville v. BranchCourt of Appeals of Texas · 1912
- Minerals Separation, Ltd. v. Butte & Superior Copper Co.District Court, D. Montana · 1916
- Lowrey v. FitzhughCourt of Appeals of Texas · 1913