H. & T. C. R'y Co. v. Hampton

Citations

• 64 Tex. 427

Syllabus

<p>1. Contributory negligence — Agents.— The widow of a mail agent brought a suit for damages for the death of her husband, caused by his head coming in contact with a box car negligently left too near the main line on a switch. The testimony showed' that the box car was about four hundred yards from a station; that it was customary for mail agents to put their heads out of their cars when approaching stations; that the whistle was sounded as usual for the station, but some stock being near the track it was sounded a second time, and the train “slowed up” to avoid running into them; that the agent probably could not have seen anything on the outside without opening the door. Held, that with these facts before it, the court did not err in charging that if the jury believed that it was necessary for the agent, in the discharge of his duty, to project his head from the car at the station, but that he put his head out before it was actually necessary, on account of the distance of the train from the passenger platform, this would not prevent the plaintiff from recovering if otherwise entitled — if they believed that the acts of defendant’s servants in charge of the train were such as would reasonably induce the agent, situated as he was, to believe that he was at the usual place for projecting his headin performance of his duty.</p> <p>2. Liability — Mail agents.— Whatever may be the precise status of a mail clerk upon a railroad train, it may be fairly concluded that he is entitled to recover from the company for injuries resulting from the negligence of its employees. Authorities reviewed.</p>