Texas & Pacific Railway Co. v. Howell, 224 U.S. 577 (1912)

ERROR TO THE CIRCUIT COURT OF APPEALS

FOR THE FIFTH CIRCUIT

Syllabus

Where the basis for review by this Court has no bearing on the questions raised, but is simply plaintiff in error’s charter from the United States, this Court goes no further than to inquire whether plain error is made out.

In this case, held that there was no assumption of risk on the part of an employee working under a coal chute who was struck by a piece of timber falling from above him where other men had been put to work; even if the employee had knowledge of such overhead work, the duty of the employer to provide a reasonably safe place to work remained.

Where the injury actually caused the disease, the injured party may recover even if the disease does not immediately develop, and in this case held that the jury were warranted in finding that Potts disease with which defendant in error was afflicted was the direct cause of the injury, although it did not develop for over a year.

The facts, which involve the liability of an employer for injury to an employee, are stated in the opinion.