Opinion · Txlaw Texas
CUMMENS v. OWEN BROS. CONST. CO., 192 S.W. 792 (Tex.Civ.App.-Texarkana 1917)
CUMMENS v. OWEN BROS. CONST. CO., 192 S.W. 792 (Court of Civil Appeals of Texas, Texarkana. 1917)
- Type
- Opinion
- Court
- Txlaw Texas
- Jurisdiction
- Txlaw
- Date
- 1917-02-22
- Topic
- general
CUMMENS v. OWEN BROS. CONST. CO., 192 S.W. 792 (Tex.Civ.App.-Texarkana 1917) CUMMENS v. OWEN BROS.
Citator
UpLaw has not yet analyzed CUMMENS v. OWEN BROS. CONST. CO., 192 S.W. 792 (Tex.Civ.App.-Texarkana 1917). The absence of a flag is not a finding that it is good law.
CUMMENS v. OWEN BROS. CONST. CO.,192 S.W. 792(Tex.Civ.App.-Texarkana 1917)
CUMMENS v. OWEN BROS. CONST. CO.
No. 1760.
Court of Civil Appeals of Texas, Texarkana.
February 22, 1917.
Action by E. F. Cummens against the Owen Bros. Construction Company. Judgment for defendant, and plaintiff appeals. Affirmed.
Appellee, having contracted with Fannin county to construct a road for the use of the public employed one Larrimore and his associates to construct a part of it. This was a suit by appellant against appellee for damages for personal injury which he claimed he suffered as a result of the negligent manner, as he alleged, in which said part of the road was constructed. After hearing the testimony, the trial court instructed the jury to find in appellee's favor, on the ground that Larrimore and his associates were independent contractors for whose negligence appellee was not liable to appellant. The appeal is from a judgment based on a verdict conforming to such instruction.
The only other assignment in appellant's brief is one in which he complains because the court excluded as evidence a clause in the contract between appellee and Fannin county as follows:
"The contractor [appellee] hereby assumes all risk and liability for accidents and damages that may accrue to persons or property during the prosecution of the work by reason of the negligence or carelessness of himself, his agents or employes."
Had appellant been a party to the contract, or for any other reason entitled to invoke the stipulation set out, and he was not, it would not have helped his case; for he was not injured "during the prosecution of the work" of constructing the road, but after it was completed and because of a defect in it as completed.
The judgment is affirmed.