H. & T. C. R. R. Co. v. Myers

Citations

• 55 Tex. 110
• 1881 Tex. LEXIS 91

Syllabus

<p>1. Damages — Railway company.— If one in the employ of a railway company, while in the discharge of his duty, is injured by the negligence or incompetency of his fellow servants, and it is made to appear that the company had not used reasonable care in selecting such fellow servants, or that, after being informed of their incompetency, it retained them in its service, it would be liable in damages for the injury sustained.</p> <p>2. Damages — Contributory negligence.— If one employed as a servant on a railroad, after having knowledge of the defective character of machinery which in his employment he uses, and, so using, is injured thereby, he cannot recover damage of the company for such injury.</p> <p>3. Fact case.— See opinion for facts showing contributory negligence which precluded a recovery by a brakeman who was injured while engaged in coupling cars, while the fireman was acting as engineer in moving the train.</p>