Loyd v. Herrington

MR. Judge Folley,

of the Commission of Appeals, delivered the opinion for the Court.

This is an action by the respondent, F. D. Herrington, against petitioner, Ernest Loyd, for damages alleged to have been sustained by the explosion of a dynamite cap' which resulted in the loss of respondent’s right eye. He had previously lost the sight of his left eye and the latter injury left him totally blind. Respondent recovered a judgment for $25,531 in the trial court. By majority opinion such judgment was affirmed by the Court of Civil Appeals at Fort Worth, with Chief Justice McDonald dissenting. 178…