G., H. & San Antonio R'y Co. v. Drew

Citations

• 59 Tex. 10
• 1 Tex. L. R. 925
• 1883 Tex. LEXIS 92

Syllabus

<p>1. Master and servant — Damages.— The master is not liable in damages for an injury to his employee which results from the use of defective machinery, if the employee has full notice of the defect and of danger which will attend continuing the employment. The simple protest by the employee against the use of the machinery, when directed to use it, will not vary the rule, if, when having knowledge of the risk, he obeys the order.</p> <p>2. Practice.— When, from the testimony of appellee, who was plaintiff, it was manifest that he could not recover, the judgment was reversed, and judgment rendered by the supreme court against him.</p>