BACA v. SAND, INC.

No. 17582.

600 S.W.2d 840 (1980)

Darrell R. BACA, Appellant, v. SAND, INC., Appellee.

Court of Civil Appeals of Texas, Houston (1st Dist.).

Rehearing Denied June 26, 1980.


Attorney(s) appearing for the Case

Stanley F. Swenson, Houston, for appellant.

Fulbright & Jaworski, Sim Lake, Houston, for appellee.

Before EVANS, PEDEN and WARREN, JJ.


EVANS, Justice.

This is a personal injury action. The plaintiff, Darrell R. Baca, appeals from a take nothing judgment entered non obstante veredicto in favor of the sole defendant, Sand, Inc.

The plaintiff lost part of his right arm when it became engaged in the moving gears of a dragline he was attempting to lubricate. The dragline, owned by the plaintiff's employer, T. A. Kilgore & Son, Inc., was being used to excavate sand from leasehold premises...

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