[DOWNLOAD] "Roman Hernandez v. F. W. Heldenfels" by Court of Criminal Appeals of Texas * eBook PDF Kindle ePub Free
eBook details
- Title: Roman Hernandez v. F. W. Heldenfels
- Author : Court of Criminal Appeals of Texas
- Release Date : January 27, 1963
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
Roman Hernandez recovered a judgment against Heldenfels Brothers, a partnership, based upon personal injuries suffered by him when he was struck by a truck loaded with asphalt. The Court of Civil Appeals reversed upon the ground that Hernandez was a mere licensee upon the premises where he was injured and that Heldenfels, as the "occupier" of such premises was not guilty of a breach of duty owed to Hernandez. 366 S.W.2d 641. The premises were owned by Southwestern Oil & Refining Company who was the employer of Hernandez. At the time of injury, Hernandez and another employee, Martinez, were on the companys property going from one place to another within the companys Plant No. 2 under express orders of a superior in the companys organization. In our opinion, Hernandez as a servant of the owner of the property going from one place to another within the confines of the plant was not a licensee of Heldenfels. His legal status was akin to that of an invitee in that the occupancy of Heldenfels was not of such a nature that employees of Southwestern Oil & Refining Company had no right to be upon the premises except by leave of Heldenfels.