Legal Opinion

Missouri, K. & T. Ry Co. of Texas v. Denahy

Court of Appeals of Texas

Decided March 28, 1914PublishedCited by 3 opinions

Appeal from District Court, Grayson County; W. J. Mathis, Judge. Action by D. B. Denahy against the Missouri, Kansas & Texas Railway Company of Texas. From a judgment fqr . plaintiff, defendant appeals.

1Opinion of the CourtRainey, C. J.

Appellee being in appellant’s service, and while repairing a box car with the use of chisel and hammer in cutting bolts, and being assisted by another employs, had one eye injured by a small piece of metal flying off of the chisel and hammer when the chisel was struck by the hammer, striking him in the eye. He sues to recover damages of appellant, alleging negligence on defendant’s part in this, to wit: “(1) In failing to exercise ordinary care to adopt and cause to be used a reasonably safe manner and method of doing the work upon which plaintiff was engaged. (2) In failing to exercise…

2Cited by3 opinions

  1. Mayo v. Fort Worth & D. C. Ry. Co.Court of Appeals of Texas · 1921
  2. Holman v. StateCourt of Criminal Appeals of Texas · 1922
  3. Texas & N. O. R. v. Houston Undertaking Co.Court of Appeals of Texas · 1919

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