Galveston, H. & S. A. Ry. Co. v. Waldo ( 1930 )

GRAVES, J.

Appellee recovered judgment for damages against appellant, his employer, as for its negligent failure to furnish him a reasonably safe place in which to work, in that, after being advised and warned of the impending danger therefrom, it wrongfully neglected to prevent or stop the practice prevailing among his fellow employees in its office, where he worked, of throwing or shooting metal paper clips at each other around the room, whereby he, not having himself indulged in such practice, in that manner suffered the loss Of an eye at the hands of some other one of the employees he was unable to name. This court heretofore certified to the Supreme Court what it deemed the controlling questions the record on the appeal presented, as follows:

“(1) Did the inquiries submitted by the Court embody such an issue of fact arising out of the pleadings and evidence as could, upon affirmative answers, properly constitute a predicate for liability?

“(2) Were the questions asked the jury a sufficient submission of the issue of negligence presented by the pleadings and evidence?”

That court in an opinion [29 S.W.(2d) 323] through the Commission of Appeals, filed in this court November 24, 1930, answered both questions in the negative, thereby holding in effect that the appellee was not entitled to recover.

The judgment of the trial court will therefore be reversed, and .the cause of action will be rendered in favor of appellant.