Texas Pacific Coal & Oil Co. v. Grabner

Gottfried Grabner filed this suit against the predecessor of the Texas Pacific Coal & Oil Company on September 11, 1915, claiming damages for injuries sustained May 12, 1914. From a judgment for plaintiff in the sum of $10,000, defendant has appealed. While plaintiff’s petition is susceptible of the construction that he sought recovery only on the theory of a breach of duty owing by a master to its servant, the honorable Court of Civil Appeals at Waco, upon a former appeal of the case, held that the pleadings and evidence tendered issues proper to be submitted to a jury to de^ ■termine a…