Mrs. Bertha Wood v. Kane Boiler Works, Incorporated

Summary

The Texas Supreme Court reversed the Court of Civil Appeals, holding that Kane Boiler Works owed a duty of care to the deceased inspector despite the independent‑contractor relationship and that the doctrines of assumption of risk and volenti non fit injuria did not bar recovery because the inspector lacked knowledge of the specific latent defect. The case was remanded for further consideration of the remaining issues.