(Download) "Duane Keith Pollard v. Missouri Pacific Railroad Co." by Supreme Court of Texas No. C-7550 * Book PDF Kindle ePub Free
eBook details
- Title: Duane Keith Pollard v. Missouri Pacific Railroad Co.
- Author : Supreme Court of Texas No. C-7550
- Release Date : January 19, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
ON MOTION FOR REHEARING OF APPLICATION FOR WRIT OF ERROR In this personal injury action, the trial court granted Missouri Pacific Railroad Company's (hereinafter MOPAC) motion for
summary judgment as to all claims asserted against it by the plaintiff, Duane Keith Pollard. Pollard, a worker, was injured
while employed by Balch, an independent contractor. MOPAC had previously contracted with Balch for the removal of certain
poles and wires from one of its right-of-ways. MOPAC's summary judgment motion was granted because the summary judgment proof
indicated that MOPAC had not exercised control over the manner in which Balch completed his obligations under the contract.
In an unpublished opinion, the court of appeals affirmed, holding that MOPAC owed no duty to the petitioner because there
was nothing to show that MOPAC exercised control over the manner and means of performance under the contract.