G., H. & S. A. R'y Co. v. Lempe

Citations

• 59 Tex. 19
• 1883 Tex. LEXIS 95

Syllabus

<p>1. Master and servant.— The doctrine announced, that, when a servant contracts to work for his employer, he assumes all the risks ordinarily incident to the business; and where he has equal knowledge with the master of the danger attending the work, that he assumes the consequences of the risk if he continues in the employment. To this rule an exception exists in a case where the machinery furnished by the master in connection with the work is obviously defective, but the danger is not apparent, in which case the master is liable.</p> <p>2. Same.— The cases of Patterson v. The Pittsburg R. R. Co., 76 Pa. St., 389; Mayes v. Chicago, Rock Island & Pac. R. R. Co., Alb. Law J., vol. 27, and Strahlendorf v. Rosenthal, 30 Wis., 675, referred to, and distinguished from this; and on the law as above stated, the cases of De Forest v. Jewett, 88 N. Y., 264; Louisville & Nashville R. R. Co. v. Orr (Indiana, November 3, 1882), 8 Am. & Eng. R. R. Cases, 94; Umbach v. Lake Shore R. R. Co. id., 98; Smith v. St. Louis, etc., Co., 69 Mo., 32, and Naylor v. Chicago & Northwestern R. Co. (Wisconsin, December 30, 1881), cited and approved.</p>