Howard Oil Co. v. Davis
Texas Supreme Court
Appeal from Harris. Tried below before Hon. James Masterson. This suit was brought for damages for injuries occasioned to appellee, through the gross negligence of the appellant on February 27, 1888, by the bursting of the engine with which he was working in appellant’s employment.
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Appeal from Harris. Tried below before Hon. James Masterson. This suit was brought for damages for injuries occasioned to appellee, through the gross negligence of the appellant on February 27, 1888, by the bursting of the engine with which he was working in appellant’s employment. He alleged that the blowing up of the machinery was the-immediate result of a cracked and defective piston head, of which the company had notice, but of which he did not know, the defect being not. apparent but concealed, and it not being his duty to repair or to see to-the repair of the machinery. Appellant…
1Opinion of the Court
COLLARD, Judge.
There is a conflict in articles 3053 and 3055 of the Revised Statutes in reference to the organization of juries for the week. Article 3053 provides that the jurors shall be selected from the names included in the list drawn by the jury commissioners for the week, and article 3055 provides that the court may adjourn the whole number of jurors for .the week, or any part thereof, to any subsequent day of the term.
The court below directed the jury for the week ending November 2, 1889, to report on November 4 for a continuance of service, but stated to them that so many of them as…
2Cases cited7 opinions
- I. & G. N. R'y Co. v. GilbertTexas Supreme Court · 1885
- Walker v. Erie Railway Co.New York Supreme Court · 1872
- Missouri Pacific Railroad v. JohnsonTexas Supreme Court · 1888
- Galveston, Harrisburg & San Antonio Railway Co. v. PorfertTexas Supreme Court · 1888
- Missouri Pacific R. R. Co. v. LydeTexas Supreme Court · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- City of Keller v. WilsonTexas Supreme Court · 2005
- TIC Energy & Chemical, Inc. v. MartinTexas Supreme Court · 2016
- Dolan v. WalkerTexas Supreme Court · 1932
- Gerlach Mercantile Co. v. Hughes-Bozarth-Anderson Co.Court of Appeals of Texas · 1916
- Hamilton v. HarrisCourt of Appeals of Texas · 1920
24 more not listed; retrieve them via the Exa API.