Howard Oil Co. v. Farmer

Citations

• 56 Tex. 301
• 1882 Tex. LEXIS 32

Syllabus

<p>1. Negligence—Notice.—In a suit for injuries sustained while carrying out orders of an employer, the answer set forth carelessness and negligence on the part of the plaintiff, alleging notice to him of the danger and explanation thereof. Held,</p> <p>(1) That the plaintiff had the right to believe he could safely do the act by indicated means when so directed by an experienced workman, the plaintiff being inexperienced in the duty required and the danger not being obvious.</p> <p>(2) That his failure to examine into the danger attending the performance of the duty, under such circumstances, was not negligence on the part of plaintiff.</p> <p>2. Same.— Some apparent danger must exist in order for a failure on the part of the person injured to minutely examine the machinery to constitute negligence.</p> <p>3. Evidence.— Where the evidence is sufficient to sustain the verdict, though there is also evidence upon which a different verdict might be based, there is no ground for reversal.</p> <p>4 Negligence.— See opinion for charge on negligence held correct.</p>