The Texas Civil Appeals Reports Volume 46

The Texas Civil Appeals Reports Volume 46

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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. 1909 edition. Excerpt: ...37 Texas Civ. App., 465.-The court erred in refusing to charge the jury as requested by defendant in its special charge No. 6 as follows: "A railroad company is not liable to its employes for injuries resulting from obvious or patent defects in simple tools or appliances with which they are furnished to discharge their duties, that is, defects which are as open to the observation of the employes as to the company; and in such case the employe assumes the risks incident to the use of said defective tools or appliances." Same authorities as above, also Gulf C. & S. F. Ry. Co. v. Larkin, 98 Texas, 225. The court erred in refusing to charge the jury as requested by defendant in its special charge No. 7 as follows: "Although you may believe from the evidence that the foreman of defendant instructed plaintiff to use the pinch-bar in question, and although you may believe from the evidence that the bar in question was defective, yet if you believe from the evidence that the defect, if any, in said bar was as obvious and patent to plaintiff as to defendant, or that plaintiff knew of such defect, if any, in said bar, or could by the use of ordinary care on his part have known of such defect, if any, then plaintiff assumed the risk incident to the use of said bar, and you will return a verdict for defendant." The court erred in refusing to charge the jury as requested by defendant in its special charge No. 10, as follows: "You are, at the instance of the defendant, charged that a master is not required to give to a simple tool which he furnishes to his servant the same careful inspection which is required of him in relation to more complicated and dangerous machinery and appliances; and if you believe from the...show more

Product details

  • Paperback | 378 pages
  • 189 x 246 x 20mm | 671g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236827902
  • 9781236827906