Murray v. Houston Car Wheel & Machine Co.

We will refer to the parties as they were designated in the trial court. The plaintiff recovered judgment in the district court against the Houston Car Wheel & Machine Company, from which an appeal was perfected by defendant..

The Court of Civil Appeals first affirmed the judgment, holding that the evidence amply sustained the findings of the jury as to the violation of a nondelegable duty of the defendant in failure to warn plaintiff of the danger resulting in the injury, On rehearing, Judge Walthall dissenting, it set aside its former judgment, holding that Brown was not a vice principal as…