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

Citations

• 62 Tex. 267
• 1884 Tex. LEXIS 224

Syllabus

<p>1. Fellow-servants.— When several serve the same employer, work under the same control, derive their authority and compensation from the same common source, and are engaged in the same general business, they are, in contemplation of law, fellow-servants, though their labor may be performed in different departments of the same common service. Following Dallas v. Q-., Col. & S. F. R’y Co., 61 Tex., 196, and cases there cited.</p> <p>2. Fact case.—See opinion for facts to which the above applies.</p> <p>3. Charge of court.—The charge of the court should always have an application to facts in evidence bearing on issues raised by the pleadings, and should not give the law on a hypothetical case not made by the evidence, for such a charge is calculated to mislead the jury.</p> <p>4. Fellow-servants — Sunday.—Persons who are fellow-servants of a railway-company do not, in view of the rule which affects the liability of the company to one of them who may be injured by another one, cease to be such because the work on which they were employed at the time of the injury was being done on the Sabbath. The fact that the work was not of that character allowed by law to be done on the Sabbath does not affect the question.</p>