Eason v. S. & E. T. R'y Co.

Citations

• 65 Tex. 577
• 1886 Tex. LEXIS 710

Syllabus

<p>1. Railroads—Employes—Volunteers—Injuries—One who has no interest in the performance of certain work for a railroad, but volunteers to assist in such work, assumes all risks incident to his position, and cannot recover for injuries caused by the negligence of his fellow servants. (Following Mayton v. T. & P. R’y Co., 63 Tex. 77, and authorities cited.)</p> <p>2. Same—If the injured person is not a volunteer, but engaged at the request or with the permission of the railroad’s agent in a transaction of interest as well to himself or his master, as to the railroad company, he is entitled to the same protection against the negligence of the company’s servants as if he were at the time attending to his own private affairs. (Authorities cited.)</p> <p>3. Same—See opinion for allegations held sufficient to support an action against a railroad for injuries sustained through the negligence of a fellow servant.</p>