Gulf Production Co. v. Quisenberry
Decision Date | 28 October 1936 |
Docket Number | No. 1629-6660.,1629-6660. |
Citation | 97 S.W.2d 166 |
Parties | GULF PRODUCTION CO. v. QUISENBERRY. |
Court | Texas Supreme Court |
The Court of Civil Appeals at Eastland reversed a judgment of the district court of Stephens county, based upon an instructed verdict for defendant Gulf Production Company, and remanded the cause upon the theory that the evidence raised material issues of fact which should have been submitted to the jury. 63 S.W.(2d) 248, 249.
Writ of error was granted on an alleged conflict of decisions stated in the application therefor.
This suit was brought by Chester Quisenberry, a minor, through his father L. E. Quisenberry, as next friend, against the Gulf Production Company, for damages sustained by the minor while playing upon a frame insecurely placed on a tubing rack, which rack and frame, it was alleged, constituted together an inherently dangerous instrumentality attractive to children of immature years.
We quote statement of the case made by the Court of Civil Appeals, viz.:
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