Legal Opinion

Henry v. Kirby Lumber Co.

Texas Supreme Court

Decided January 21, 1920No. 2877PublishedCited by 5 opinions

Error to the Court of Civil Appeals for the Fourth District, in an appeal from Hardin County. Henry sued the Lumber Co. and had judgment which on defendant’s appeal was reversed and rendered in its favor, 178 S. W., 23. Henry thereupon obtained writ of error.

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Error to the Court of Civil Appeals for the Fourth District, in an appeal from Hardin County. Henry sued the Lumber Co. and had judgment which on defendant’s appeal was reversed and rendered in its favor, 178 S. W., 23. Henry thereupon obtained writ of error. The ease was referred to the Commission of Appeals Division A, by whom, on opinion of Judge Strong, it was recommended that it be reversed and the judgment of the District Court affirmed, 215 S. W., 451. The recommendation was adopted by the Supreme Court; but on motion for rehearing this judgment was modified in an opinion by the…

1Opinion of the Court

The plaintiff, John Henry, brought this suit against the Kirby Lumber Company to recover damages for personal injuries alleged to have been suffered through the negligence of said Company. The defendant answered by general denial, and pleaded contributory negligence and assumed risk.

The facts attending the accident causing plaintiff's injury are in substance as follows:

The defendant is a corporation engaged in the manufacture and sale of lumber. For the purpose of bringing timber from the forest to the mill, it owns and operates steam-engines and log cars which are propelled over a tramroad.…

2Cases cited1 opinion

  1. Kirby Lumber Co. v. HenryCourt of Appeals of Texas · 1915

3Cited by5 opinions

  1. Baker v. BakerTexas Supreme Court · 1944
  2. Barker v. Coastal Builders, Inc.Texas Supreme Court · 1954
  3. Barker v. Coastal Builders, Inc.Texas Supreme Court · 1954
  4. Barker v. Coastal Builders, Inc.Texas Supreme Court · 1954
  5. Corzelius v. OliverTexas Supreme Court · 1949

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