Fort Worth Stock Yards Co. v. Whittenburg

CONNER, Chief Justice.

Appellee recovered a judgment against the appellant company for the sum of $1000 as damages for personal injuries caused by the fall of an overhanging bank of earth at a sandpit to which appellee had gone for the purpose of getting a load of sand. Among other things appellant pleaded assumed risk on appellee’s part, in that the danger was “as open and apparent to the appellee as to the appellant, and that the appellee, in undertaking to work in and about the sand bank, assumed the risk of its caving or falling in on him.”

Error is first assigned to the action of the court…