Ortega V. Texas-New Mexico Railway Co‪.‬

Appellant received the car from another railroad company and delivered it to the consignee at a siding. Appellee Ortega was helping unload the pipe when he stepped into a hole in the floor of the car receiving the injuries complained of. During the unloading, a piece of cardboard which had been placed on its edge between rows of pipe fell to the floor covering the hole. Ortega did not see the hole. The car inspector for appellant had no recollection of this car but testified he did not look for holes in the floor from underneath, and no warning was given the consignee of any defective condition of the car.