Sauer v. Palmer Press Brick Works
Court of Appeals of Texas
Error from District Court, Ellis County; F. L. Hawkins, Judge. Action by Charles Sauer against the Palmer Press Brick Works. Judgment for defendant and plaintiff brings error. The action is by tbe plaintiff in error against the defendant in error for damages for personal injuries.
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Error from District Court, Ellis County; F. L. Hawkins, Judge. Action by Charles Sauer against the Palmer Press Brick Works. Judgment for defendant and plaintiff brings error. The action is by tbe plaintiff in error against the defendant in error for damages for personal injuries. The petition alleged negligence in two particulars: First, the furnishing of an elevator belt which was worn and old and insufficient to sustain- the metal cups iattached, thereto; and, second, the failure .to furnish a safe place in which to work, in that the foot or bottom of tbe elevator box was not properly…
1Opinion of the CourtLevy, J.
(after stating the facts as above). [1 ] The appeal is to review the correctness of the ruling of the trial court in peremptorily instructing a verdict for the defendant. And it is believed that, according to the evidence in the case, it should be held that the court did not err. The evidence sufficiently shows that the leather belt was old and worn and insufficient to hold thepnetal cups fast and secure to the belt, and that because of the deficient condition of the leather belt several of the metal cups had become’ loose and unfastened from the belt. And the evidence would warrant a finding…
2Cases cited4 opinions
- Ladonia Cotton Oil Co. v. ShawCourt of Appeals of Texas · 1901
- Dayton Lumber Co. v. HastingsCourt of Appeals of Texas · 1912
- Jones v. Walker County Lumber Co.Court of Appeals of Texas · 1913
- Mansfield Oil Mill Co. v. EdgmonCourt of Appeals of Texas · 1913
3Cited by1 opinion
- Aldridge v. General Mills, Inc.Court of Appeals of Texas · 1945