Charles L. Myers v. Day & Zimmermann, Inc.

GEWIN, Circuit Judge:

Charles L. Myers appeals from an adverse judgment in his diversity action brought against Day & Zimmermann, Inc., the occupier of the premises on which he was allegedly injured. Myers contends that the district court erred in instructing the jury on the Texas doctrines of volenti non fit injuria and “no duty”, urging that there was no evidence in the record to warrant either charge. We reverse.

At the time of the alleged accident, Myers was employed by the United States as a relief railroad conductor at the Red River Army Depot in Bowie County, Texas. Adjacent to this…