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

Citations

• 59 Tex. 334
• 1883 Tex. LEXIS 168

Syllabus

<p>1. Assignment on error. — An-assignment of error that “ the finding of the jury is contrary to the law as given them in. the instructions of the court,” without discriminating as to what particular branch of the charge was disregarded by the jury, will not be considered.</p> <p>2. Damages. — A corporation is liable in damages to its employee who is injured by the use of defective machinery which he is required to use, and this whether it was negligent in providing unsafe machinery, or negligent in failing to keep machinery originally safe in safe condition. One charged with keeping machinery in safe condition is not a fellow-servant with him who operates it, in the sense which would relieve a corporation from liability, when the latter is injured by the negligent performance of his duties by the former.</p>