Mo. Pac. R'y Co. v. Watts

Citations

• 64 Tex. 568

Syllabus

<p>1. Negligence — Master and servant.— When an employer knows that the service to which he subjects an employee is dangerous (the service being one to which the employee is unaccustomed, and of which he is ignorant), it is his duty to inform the employee of the danger, and, if injury results from his neglect to so inform him, the employer is liable. The failure of the employee to ask for information does not vary the liability.</p> <p>2. Same.— If the. servant’s ignorance of the danger and of the means provided by the employer to avert it caused the injury, the servant being ignorant and uninformed of the dangers attending the service, then the employer’s liability would be neither defeated nor lessened by the fact that the negligent acts of fellow-servants contributed to the injury.</p> <p>3. Same.— To the inexperienced servant entering upon a dangerous service the master owes the duty, not only of full information, but also of protection from a known danger as far as reasonably practicable. Both duties are imperative ; and if a failure to perform one of them results in injury, liability cannot be avoided by showing a faithful performance of the other.</p> <p>4. Charge op court — Negligence. — In a suit by one who, while in the employ of a railway company, received injury when engaged in the performance of thejwork assigned him, the court charged, in effect, that, if the plaintiff, when he entered the employment, was inexperienced in the business, and did not know of the danger to which he was subjected, and was not informed as to the course of the business, and the rules, regulations and usages under which it was conducted, and that defendant company and its employees who had control over him knew that he was so inexperienced and uninformed, and that they did not warn him, and that he was thereby subjected to a danger of which he did not know, and which he would have avoided had he been so warned, and which was not open to his observation had he made proper use o