SINCLAIR REFINING COMPANY v. WINDER

No. 3773.

340 S.W.2d 503 (1960)

SINCLAIR REFINING COMPANY, Appellant, v. Clark Virgil WINDER, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied December 1, 1960.


Attorney(s) appearing for the Case

James W. Yancy, Jr., Sam L. Sterrett, Jr., Houston, for appellant.

Saub, Walker & Hammond, Houston, for appellee.


WILSON, Justice.

Plaintiff alleged he was employed by a railroad engaged in switching operations on appellant's premises, when he stepped on a pile of slag on appellant's tracks; that he fell on the track and a car rolled over his finger. Defendant's pleading was a general denial.

Plaintiff admitted, and the jury found, that he knew of the unsafe condition of the track. The jury found defendant's negligence in maintaining...

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