Mrs. Bertha Wood v. Kane Boiler Works, Incorporated

Summary

The Texas Supreme Court held that Kane Boiler Works owed a duty of care to the deceased inspector, Ralph Wood, and that the doctrine of assumption of risk did not bar recovery because it is limited to master‑servant relationships and Wood lacked knowledge of the specific latent defect. Accordingly, the Court reversed the Court of Civil Appeals and remanded for further consideration. Justice Wilson dissented, arguing that the majority erred in applying the volenti doctrine as a matter of law.