Home/Court of Appeals of Texas/West Lumber Co. v. Tomme

West Lumber Co. v. Tomme

203 S.W. 784, 1918 Tex. App. LEXIS 499
CourtCourt of Appeals of Texas
DecidedMay 6, 1918
DocketNo. 313.
StatusPublished
Cited by8 cases

This text of 203 S.W. 784 (West Lumber Co. v. Tomme) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
West Lumber Co. v. Tomme, 203 S.W. 784, 1918 Tex. App. LEXIS 499 (Tex. Ct. App. 1918).

Opinion

I-IIGI-ITOWER, C. J.

We find in appellant’s brief in this case a full and fair statement of the nature and result of this suit, which is admitted by appellees to be correct, and which is as follows:

This suit was filed in the district court of Polk county on April 26, 1917, by J. H. Tomme for himself, and as next friend of his minor son, Sid Tomme, against the appellant, West Lumber Company, seeking to recover damages for injuries sustained by Sid Tomme alleged to have been caused by the defendant’s negligence. The case was submitted to a jury on special issues, and upon the findings of the jury, in answer to these issues, judgment was rendered in favor of the plaintiff Sid Tomine for $10,000, and in favor of the plaintiff J. I-I. Tomme for $585. In proper time the defendant filed its motion for new trial, claiming that various errors were committed against it in the trial, and in addition set up misconduct on the part of the jury. This motion was overruled, and in «proper time the appellant filed its supersedeas bond, and has brought the cause here for review.

The appellee Sid Tomme was injured by what is known as a planing machine, and, in order that this court might get a clear idea o'f this machine and the manner of its operation, appellant has placed in the back of its brief a picture of this machine. By way of explanation, it is shown that the operator of the machine stands at the front end, and shoves lumber along the bed or feed plate of same, until the front end of the lumber passes between the feed rollers, and these rollers keep the lumber moving forward in the same direction, passing between rapidly-moving knives, that dress it off to a smooth surface. Said appellee’s duty was thus to .feed the lumber into this machine. In order to a clearer understanding of the issues in this case, the photograph of the planing machine as found in appellant’s brief will be shown in this opinion.

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Bluebook (online)
203 S.W. 784, 1918 Tex. App. LEXIS 499, Counsel Stack Legal Research, https://law.counselstack.com/opinion/west-lumber-co-v-tomme-texapp-1918.