Southern Oil Co. v. Church

Decision Date10 June 1903
Citation75 S.W. 817
PartiesSOUTHERN OIL CO. v. CHURCH.
CourtTexas Court of Appeals

FISHER, C. J.

The appellant, when it furnished to Hammil & Bro. the derrick, could by the exercise of ordinary care have known that it was defective, as stated in our original finding, and at the time knew that it would be used by the servants of Hammil & Bro. in drilling the well. Hammil & Bro. used the derrick in the ordinary and usual way in drilling the well, and the defective condition of the crown piece of the derrick did not arise by reason of the use by Hammil & Bro., but existed when furnished to them by the appellant. The appellant also furnished Hammil & Bro. the piping or casing used in the well. The iron bolt that struck the plaintiff was not in the crown piece, but in the crown block.

The above are additional findings.

To continue reading

Request your trial
11 cases
  • Davis Bakery Inc v. Dozier
    • United States
    • Virginia Supreme Court
    • 25 d4 Setembro d4 1924
    ...v. Lewman, 115 Ga. 752, 42 S. E. 98; Busby v. Anderson Water, Light & P. Co., 136 Fed. 156, 69 C. C. A. 154. See, also, Southern Oil Co. v. Church, 32 Tex. Civ. App. 325. 74 S. W. 797, 75 S. W. 817; Shearman & Redfield on Neg. § 175. In 26 Cyc. p. 1568, it is said: "The liability of the con......
  • Roosth & Genecov Production Co. v. White
    • United States
    • Texas Supreme Court
    • 4 d3 Novembro d3 1953
    ... ... by the exercise of ordinary care, should have known' in the issue first above quoted, and is posed by the petitioner's contention that under Southern Oil Co. v. Church, 1903, 32 Tex.Civ.App. 325, 74 S.W. 797, 75 S.W. 817, writ of error refused, ... 'the petitioner here owed no duty to White' ... ...
  • Connors-Weyman Steel Co. v. Kilgore
    • United States
    • Alabama Supreme Court
    • 30 d2 Junho d2 1914
    ... ... Co., 49 Mich. 164, 13 N.W. 499, 43 Am.Rep. 456; Douglass ... v. Marsh, 141 Mich. 209, 104 N.W. 624; So. Oil Co ... v. Church, 32 Tex.Civ.App. 325, 74 S.W. 797, 75 S.W ... 817; Stevens v. United Gas Co., 73 N.H. 159, 60 A ... 848, 70 L.R.A. 119. See, also, Sloss I. & S ... ...
  • Burton-Lingo Co. v. Armstrong
    • United States
    • Texas Court of Appeals
    • 11 d1 Abril d1 1938
    ... ... Lone Star Const. Co., Inc., Tex.Civ.App., 109 S.W.2d 1021; Peyton Packing Co. v. Collis et al., Tex.Civ.App., 110 S.W.2d 625; Southern" Surety Co. of New York v. Scheel et al., 125 Tex. 1, 78 S.W.2d 173; Traders & General Ins. Co. v. Jones et al., Tex.Civ.App., 95 S.W.2d 189 ...   \xC2" ... Southern Oil Co. v. Church, 32 Tex.Civ.App. 325, 74 S.W. 797, 75 S.W. 817, writ refused; Montgomery v. Garza, Tex.Civ.App., 290 S.W. 210; Ray v. St. Louis Southwestern Ry. Co ... ...
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT