T. & St. L. R'y Co. v. Vallie

Citations

• 60 Tex. 481

Syllabus

<p>1. Negligence.— If a railway company shall neglect to cut down standing trees that may, on account of their nearness to the road-bed, be in danger when falling of obstructing the road, whereby injury results to an employee of the company, it becomes liable in damages, on account of its negligence, to such employee; and this, though the tree was standing on the land of another,</p> <p>3. Same.—Whether an employee of a railway company is guilty of contributory negligence from not being at his appropriate place on the train at the time of receiving an injury, is a matter of fact for the jury, and not of law for the court.</p> <p>3. Same.—An employee on a railway train, injured by the fall of a tree across the road-bed, is not bound to show that he did not, in entering the service of the company, assume the risk of being injured in that manner.</p>