Missouri Pacific Railway Co. v. Callbreath

Citations

• 66 Tex. 526
• 1 S.W. 622
• 1886 Tex. LEXIS 555

Syllabus

<p>1. Master and servant—Employment—Risk—As a general principle it is well established that one who accepts employment from another, assumes all ordinary risks incident to such employment, and can not recover for injuries resulting therefrom. (Authorities cited.)</p> <p>2 Same—As a general rule it is not the duty of the employer to instruct his employe as to the rules of the service, or warn him of dangers incident thereto, unless information be asked.</p> <p>3. Same—This rule is subject to the qualification that when there are hazards incident to an occupation, unknown to the servant, which the master knows or ought to know, it is his duty to warn the servant of them, and on failure to do so he is liable for any injury the servant may sustain in consequence of such neglect; and this rule applies even where the danger or hazard is patent, if through youth, inexperience or other cause, the servant is incompetent to fully understand the nature and extent of the hazard. (Wood on Master and Servant, 714; Railway Company v. Watts, 64 Tex., 568; Walsh v. Peet Valve Co., 110 Mass., 23.)</p> <p>4. SAMEr—Brakeman—See opinion for circumstances under which it was negligence in a railway company not to inform an employe of the use of a peculiar kind of machinery by the road, and the danger incident to the use of this machinery in the ordinary way</p>