Kirby Lumber Co. v. Henry

Appellee, John Henry, sued appellant, Kirby Lumber Company, and recovered $5,000 on account of personal injuries sustained by him, as will hereinafter appear.

The substance of the allegations of the petition is well stated by appellant as follows:

“(a) That he was employed by the defendant in the capacity of a tramroad employé, and that it was his duty to clear off trams and keep stumps out of the way thereof for the purpose of the extension of such trams.

“(b) That all employés of the defendant were carried back and forth on the tram train of the defendant.

“(c) That by virtue of his contract…