The Texas Civil Appeals Reports Volume 44

The Texas Civil Appeals Reports Volume 44

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 edition. Excerpt: ...207; Texas Mex. Ry. v. Uribe, 85 Texas, 386; St. Louis S. W. Ry. v. Campbell, 34 S. W. Rep., 186; Bowles v. Price, 66 Texas, 724. If the risk and attendant danger of trying to pull out the tie, while in the dangerous position occupied by him, was known to plaintiff, or if apparent to him, and must necessarily have been known to him in his work, then he assumed the risk incident to trying to remove the tie in such way. As to whether he was acting in obedience to direct orders was an issue of fact on which the testimony sharply conflicted. The charges properly submitted the questions to the jury. Jones v. Galveston, H. & S. A. Ry., 31 S. W. Rep., 707; Texas & Pac. Ry. v. French, 86 Texas. 96; Texas & Pac. Ry. v. Bradford, 66 Texas, 736. JAMES, CHIEF JUsrIcE.--Pla;intif f Reeves alleged injury to himself as caused by the negligence of William Willig who he alleged had been entrusted by defendant with authority to command, control and direct him, an employs, in ordering him to assume an unusually dangerous position astride a. tie, in order to release it from under a rail where one end of it had lodged, and in failing to hold the end of the tie, as he had led plaintiff to believe he would do. To exhibit the nature of the accident we may state that the gang was ' at work on a bridge clearing it of gravel and extricating some ties to replace them with others. The gravel extended about four feet out from the rails, and after the gravel had been dug out from around the tie in question and beyond the rails to the guard rail, plaintiff knocked the tie from the north rail and Willig knocked the tie from the south rail. The latter then pushed the rail out to the north and when it had passed out under the north rail all but a few inches it...
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Product details

  • Paperback | 394 pages
  • 189 x 246 x 21mm | 703g
  • United States
  • English
  • black & white illustrations
  • 1236889266
  • 9781236889263