Houston & Texas Central Railway Co. v. Fowler

Citations

• 56 Tex. 452
• 1882 Tex. LEXIS 55

Syllabus

<p>1. Damages—Railway company.— Damages cannot be recovered for injuries alleged to have been received by an employee of a railroad company while in the performance of a service not within the scope of his duty, if his opportunity for observing the danger was equal to that of the company; nor is the company guilty of negligence if the performance of an unusually dangerous service was required for good reason, as for the safety of the passengers.</p> <p>2. Same - Negligence.— It is a sufficient defense that the track, culverts, etc., were substantial and durable and supervised in 'their construction by competent engineers, so as to be able to withstand all ordinary storms in that locality; and the fact that the storm which caused the accident was of extraordinary and unprecedented violence did not render the company liable on the ground of negligence.</p> <p>3. Damages.—If the employee was in the midst of the storm, and had the opportunity to observe the degree of danger attending the performance of the service, damages cannot be recovered of the company on the ground that the latter knew the danger and the former did not.</p>