Robinson v. H. & T. Central Railway Co.

Citations

• 46 Tex. 540

Syllabus

<p>1. Charge of court, loss of.—In the absence of the charge of the court in the record, from its loss or otherwise, it will be presumed that the law applicable to the case was correctly given, and that the verdict was in accordance with the law as charged.</p> <p>2. Fact case.—See facts held insufficient to support an action for damages against a railway company, from the negligence of one of its employes, in an action brought by another of its employes.</p> <p>3. Negligence.—An employe of a railroad company, knowing of a change in the arrangement for running the train, and not objecting to it, and where such arrangement is made by the consent and for the convenience of the employes, cannot complain of the increased risk occasioned by such arrangement.</p> <p>4. Negligence of fellow-servant.—A servant cannot recover damages from the master, for an injury sustained by reason of the negligence of a fellow-servant.</p> <p>5. Same.-—The negligence of a servant of a railway company of one grade is as much one of the risks of the business as that of another; and it seems impossible, therefore, to hold that the servant contracts to ran the risks of negligent acts or omissions on the part of one class of servants, and not those of another class.</p>