concluding that the defendant's negligence was a substantial factor because the injury "would not have been sustained" in the absence of the negligence
How later courts described this case
- concluding that the defendant's negligence was a substantial factor because the injury "would not have been sustained" in the absence of the negligence
Written by the judges who cited it.
The opinion
Mr. Justice Smith,
Concurring.
I am in agreement with the holding in this case; however, I am not prepared to agree with the conclusion in regard to the case of Gulf C. & S. F. Ry. Co. v. Deen, Tex. Civ. App., 275 S.W. 2d 529 , that “we agree with the Court of Civil Appeals that the verdict of the jury and the undisputed evidence estab *461 lish that the railroad furnished one reasonably safe way to do the job and therefore was under no duty to furnish a second method of performing the work.” I, therefore, do not join in the conclusion reached as to the Been case. In all other respects, I agree with the majority opinion.
Opinion delivered March 21, 1956.
Mr. Justice Culver dissenting.
Rehearing overruled April 25, 1956.