105 Tex. 317
148 S.W 290
Decided June 12, 1912
Texas Supreme Court · decided 1912-06-12
Action by J. R. Powell against Thomas J. Freeman, receiver. From a judgment of the Court of Civil Appeals (144 S. W. 1033) reversing judgment for plaintiff, he brings error. Plaintiff sues defendant, as receiver of a railroad, for injury to plaintiff caused by his slipping and a block of ice falling upon him while he was attempting to lift a block weighing about 100 pounds from an ice box, using his hands in the absence of hooks or other appliance.
Application for writ refused · Decided 1912-06-12
¶1 This application is refused because the evidence of the plaintiff in error shows that he assumed the risk of lifting the ice as he did.
¶2 We do not approve the holding of the Court of Civil Appeals that the plaintiff was engaged in interstate commerce. That question is not passed upon by this court.