Freeman v. Shaw

LEVY, Associate Justice.

By his petition appellee claims that while he and the men engaged with him were distributing ties by means of a pushcar, and while they were operating said car, and while it was in motion, one of appellee’s coemployes, Primus Jones, who was assisting in the operation of said car, and in distributing said ties, negligently threw and permitted to fall on appellee one of the ties from said car, causing his injury; and further, it was alleged that appellant was negligent in employing and retaining in employ ment of Primus Jones when said appellant knew or by ordinary care…