BENAVIDEZ v. MAXWELL

No. 13043.

293 S.W.2d 837 (1956)

Manuel L. BENAVIDEZ, Appellant, v. J. W. MAXWELL, Appellee.

Court of Civil Appeals of Texas, San Antonio.

September 26, 1956.


Attorney(s) appearing for the Case

Dougherty & Morrill, Beeville, Graves, Dougherty & Greenhill, Austin, for appellant.

Wade & Wade, Beeville, for appellee.


POPE, Justice.

Appellant, Manuel L. Benavidez, has appealed from a judgment upon an instructed verdict that he take nothing in this suit against his employer, J. W. Maxwell. Benavidez suffered the loss of a hand and serious arm injuries while operating an ensilage-cutting machine on the employer's farm. The court held that Benavidez, as a matter of law, voluntarily assumed the risk and was contributorily negligent. We affirm the judgment.

When Benavidez was...

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