Chicago, Rock Island & Texas Railway Co. v. Harton
Court of Appeals of Texas
Appeal from the District Court of Dallam. Tried below before Hon. Ira Webster.
1Opinion of the Court
STEPHENS, Associate Justice.
Appellant undertook through its foreman, with the assistance of W. H. Switzer, machinist, and appellee as machinist helper, to install a new compressed air-jack in its shops at Dalhart, Texas, and met with difficulty in putting the part called the plunger in the elyinder. An effort was made to overcome this difficulty (which was due in part at least to an undiscovered defect in the finish of the cylinder, but which was supposed to be due to the condition of the packing) by driving the. plunger down in the cylinder. Finding that it could not thus be forced all the…
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