Standard Oil Co. Of Texas v. Swinney

RIVES, Circuit Judge.

Appellee Darwin Swinney was employed by Wampler Brothers, who were independent contractors for the appellant in the drilling of an oil well near Sherman, Texas. He was injured by a fall from a ladder which it was necessary for him to climb in order to gauge the oil in appellant’s test tank. The ladder was insecurely fastened to the tank by barbed wire.

Appellant’s first contention is that the court erred in not directing a verdict for the defendant, because it is- claimed that the ladder was put up and attached by the employees of another independent contractor, Charles…