Legal Opinion

Waggoner v. Sneed

Court of Appeals of Texas

Decided May 25, 1911PublishedCited by 4 opinions

Appeal from District Court, Tarrant County; Jas. W. Swayne, Judge. Action by R. A. Sneed, .administrator, and others, against W. T. Waggoner. Judgment for plaintiffs, and defendant appeals. H. A. Sneed, while employed in an oil mill belonging to appellant, suffered the loss of a part of one of his hands. The appellant’s foreman was having a press casing, weighing from 6,000 to 10,000 pounds, lowered into position in the oil mill.

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Appeal from District Court, Tarrant County; Jas. W. Swayne, Judge. Action by R. A. Sneed, .administrator, and others, against W. T. Waggoner. Judgment for plaintiffs, and defendant appeals. H. A. Sneed, while employed in an oil mill belonging to appellant, suffered the loss of a part of one of his hands. The appellant’s foreman was having a press casing, weighing from 6,000 to 10,000 pounds, lowered into position in the oil mill. A cement foundation had been prepared below the first floor of the building to receive this press. When the press was lowered into position, it was found that the…

1Opinion of the CourtLevy, J.

(after stating the facts as above). [1] The injury to H. A. Sneed occurred on March 31, 1907. On March 28, 1908, while at- Petty on a visit to his brother, he committed suicide by taking carbolic acid. Pri- or to his death, Sneed entered into a written contract with attorneys McLean & Oarlock, employing them to prosecute his suit for damages against appellant. After his death, an administrator of his estate was duly appointed by the probate court of Tarrant county, and he qualified as such.

Under the first assignment appellant predicates error upon the contention that the deceased prior to his…

2Cases cited3 opinions

  1. Moore v. HanscomTexas Supreme Court · 1908
  2. Gulf, West Texas & Pacific Railway Co. v. WittnebertTexas Supreme Court · 1908
  3. Endel v. NorrisTexas Supreme Court · 1900

3Cited by4 opinions

  1. Banker v. McLaughlinCourt of Appeals of Texas · 1947
  2. El Paso & Southwestern Co. v. La LondeCourt of Appeals of Texas · 1915
  3. Texas Electric Ry. v. BlankCourt of Appeals of Texas · 1922
  4. Golden v. WalkerCourt of Appeals of Texas · 1913

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