[Download] "Smith v. Babcock & Wilcox Construction Co." by In the Supreme Court of Texas ~ Book PDF Kindle ePub Free
eBook details
- Title: Smith v. Babcock & Wilcox Construction Co.
- Author : In the Supreme Court of Texas
- Release Date : January 22, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
On Application for Writ of Error to the Court of Appeals for the Third District of Texas We decide in this case whether the trial court abused its discretion in refusing to reinstate a case dismissed for want of prosecution when plaintiffs' attorney failed to appear for trial. The court of appeals affirmed the dismissal. ___ S.W.2d ___. We reverse. James Smith was injured on a construction jobsite while employed by a subcontractor and received compensation benefits from Lumbermen's Mutual Casualty Co. Smith and his wife then filed this suit for damages in Travis County against the general contractor, Babcock & Wilcox Construction Co., and the project owner, the City of Austin (together, Babcock). Lumbermen's intervened to assert its subrogation rights. After the Smiths' attorney obtained a date for trial, he requested a trial setting for an unrelated case in Freestone County which had been filed after this case and involved a more recent incident. Trial of the case in Freestone County was set on the same date as trial of the Smiths' case.
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