Gammage v. Gamer Co.
Texas Commission of Appeals
Error to Court of Civil Appeals of Seventh Supreme Judicial District. Suit by Henry C. Gammage against the Gamer Company.
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Error to Court of Civil Appeals of Seventh Supreme Judicial District. Suit by Henry C. Gammage against the Gamer Company. A judgment for plaintiff was reversed by the Court of Civil Appeals, and judgment rendered for defendant (162 S. W. 980), and, the Commission of Appears having reversed the judgment of the Court of Appeals, and affirmed that of the trial court (209 S. W. 389), the Supreme Court of its own motion returned the record for report of assignments of error not disposed of.
1Opinion of the CourtTaylor, J.
The Supreme Court has, of its own motion, returned to us the record in this case for a report upon certain assignments of error which we at the time of passing upon the case originally inadvertently failed to dispose of.
Appellant’s fourth assignment of error, presented in the Court of Civil Appeals,- complains of the refusal of the court to give the following special charge:
“Unless you find in this case that the machine in question was in a defective condition, and that the Gamer Company had failed to use ordinary care with reference to this machine, you are instructed to return a verdict in…
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- San Antonio & Aransas Pass Railway Co. v. KierseyTexas Supreme Court · 1905
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