Loyd v. Herrington

Being unable to agree with the decision reached by the majority, I respectfully enter my dissent.

The essential facts are that Ernest Loyd was under contract to build a road for the State of Texas, near the town of Caddo. He sublet a part of the work to J. L. Johnson, as an independent contractor. Among Johnson’s employees were Keel, the foreman, Boswell, the shovel operator, Burton Rowe, the oiler on the shovel, Clepper, who did some of the dynamiting, and an employee named Adams.

In the usual course of the blasting operations, some of the sticks of dynamite and some of the dynamite caps would…