Horton v. Fort Worth Packing & Provision Co.

STEPHENS, Associate Justice.

The father of appellants was killed September 27, 1901, while in the service of appellee, under the following circumstances: He was at work on the second floor of a three-story building occupied by appellee, engaged in the course of his employ-, ment in talking to employes on the first floor through an elevator shaft,' with his head in the shaft, when the elevator suddenly dropped from the third floor, striking his head and killing him instantly.' The construction of the elevator, which was designed and used for handling freight only, was such as to render it…