East Line & Red River Railway Co. v. Scott

Citations

• 68 Tex. 694
• 5 S.W. 501
• 1887 Tex. LEXIS 757

Syllabus

<p>1. Evidence.—When it is material to the issue to ascertain the fitness of a. railway engineer for the performance o£ his duties, and it was shown that a witness had sworn prior to the trial that he knew nothing about the competency of the engineer, ahd who only knew him the day before^ his death, it was error to permit the deposition of the witness to be read as to his opinion of the competency of the engineer.</p> <p>2. Reputation—Negligence—Evidence.—When it is sought to charge-the employer by.reason of his having- knowingly employed an incompetent servant, such ineompetency must be shown by general reputation, and not by specific acts.</p> <p>3. Damages—Fellow Servant.—A railway company can not evade liability to a plaintiff who was injured in its employment by the ineompetency of another employe, by showing that the plaintiff at the time of his injury was not acting in the discharge of duties in the line of his employment, provided it was customary for the company’s employes to do-work for them other than the regular duty assigned them when ordered so to do by those placed over them, and that he was obeying such an order when he was injured.</p>