[DOWNLOAD] "Pasotex Pipe Line Co. v. Murray." by Fifth Circuit Circuit Court Of Appeals * Book PDF Kindle ePub Free
eBook details
- Title: Pasotex Pipe Line Co. v. Murray.
- Author : Fifth Circuit Circuit Court Of Appeals
- Release Date : January 22, 1948
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
This is the second appeal in this case. The first was from an order directing a verdict for the defendant, appellee then, appellant now. The facts are set forth in our previous opinion, 5 Cir., 161 F.2d 5. On that appeal three points were in issue, only one of which it was necessary for us to decide. Holding that under Texas law the Pasotex Pipe Line Company would have been liable for its employee Chenoweths negligence if in the exercise of reasonable care it should have known that he was an habitual drunkard, and that this issue should have been submitted to the jury, we remanded the case for a new trial of Chenoweths incompetence and the companys knowledge thereof, as well as its knowledge of the defective condition of the accelerator in the car. On remand, a new trial was had which resulted in a verdict in the sum of $35,000 for the plaintiff.