Missouri Pacific Railway Co. v. McElyea

Citations

• 71 Tex. 386
• 1 L.R.A. 411
• 9 S.W. 313
• 1888 Tex. LEXIS 1154

Syllabus

<p>1. Master and Servant—Regulations.—A railway company can not relieve itself from liability for an injury to an employe resulting from a failure on its part through it agents actually to use such care for the safety of employes as the law makes it necessary for such a master to use by making and enforcing regulations, unless the regulations be such and their enforcement so complete as to result in the actual use of due care.</p> <p>2. Same—Regulations—Machinery.—A railway company may make regulations requiring the most rigid and frequent inspections of its machinery, road bed and equipments, and the most prompt and complete repair of any ascertained defect, and may impose penalties of discharge, etc., for failure to comply, yet if the agent authorized to do what the master must do to avoid liability fails to discharge his duty, then the master is liable to an employe who suffers injury through such neglect.</p> <p>3. Negligence.—See facts sufficient to support a verdict for damages from negligence of defendant.</p>