GIBSON v. LAMESA COTTON OIL CO.

No. 12825.

178 F.2d 959 (1950)

GIBSON v. LAMESA COTTON OIL CO.

United States Court of Appeals, Fifth Circuit.

January 10, 1950.


Attorney(s) appearing for the Case

John J. Watts, Odessa, Tex., for appellant.

James Little, Big Spring, Tex., Chas. C. Crenshaw, Sr., Lubbock, Tex., for appellee.

Before HUTCHESON, WALLER, and RUSSELL, Circuit Judges.


RUSSELL, Circuit Judge.

In this action the appellant sought to recover damages for a serious and permanently disabling injury sustained upon the premises of the defendant when he stepped into a seed conveying auger in the seed tunnel of the defendant's cotton oil plant. The basis of his claim was that he was upon the premises in the status of an invitee because of the well established custom of the defendant during seasonal peaks of manufacture to employ workers not...

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