Dallas v. G., Col. & S. F. R'y Co.

Citations

• 61 Tex. 196
• 1884 Tex. LEXIS 73

Syllabus

<p>1. Damages — Injury from negligence of co-employees. — A railroad company is not liable in damages for injury inflicted on one of its servants resulting from the performance of duties incident to the employment; nor is it liable for injuries resulting from the negligence of a co-servant, unless it he shown that such co-servant was incompetent and unworthy of trust, and that the company knew it.</p> <p>2. Same.— An employee of a railway company, employed by the month to watch its ties along the road, to prevent their destruction, went in obedience to orders from his employer to procure a deed in favor of the company, and voluntarily got on its train, and after performing the duty was voluntarily returning on its train, when the train was thrown from the track and the employee injured. Held, that there was no error in a charge which instructed the jury that under such circumstances, no other facts being shown, the company was not liable in damages.</p> <p>3. Negligence.— The negligence of a servant of one grade is as much one of the risks incident to employment by a railway company as the negligence of the servant of any other grade, and it cannot be held that a servant contracts to run the risk of negligent acts and omissions on the part of one class of servants and not those of another class. Any other rule would be violative of sound public policy.</p> <p>4. Same.— In the main the authorities agree that the above rule is applicable to servants who, though employed in the same general business, have their service in distinct branches, of it. Following Cooley on Torts, and cases cited.</p> <p>5. Cases reviewed. — The cases of H. & T. C. R’y Co. v. McNamara, 59 Tex., 255; G., H. & S. A. R’y Co. v. Lempe, 59 Tex., 19, and T. & P. R’y Co. v. Kirk, referred to as not announcing a doctrine different from the decision in this case.</p> <p>6. Charge of court.— See statement of case for instructions given by the court in which, when considered with reference to the facts