Texas & P. Ry. Co. v. Carlin

Citations

• 111 F. 777
• 60 L.R.A. 462
• 1901 U.S. App. LEXIS 4430

Syllabus

<p>1. Trial—Directing Verdtct—Question op Negligence.</p> <p>A quostion of negligence, dependent on evidence, is one of law for the court, only where there is no material conflict, and the facts are such that all reasonable men must draw the same conclusions from them. It is not the province of the court to weigh the evidence, and decide between conflicting statements of witnesses, or to decide what inference should be drawn from uncontradicted evidence, if different minds could fairly come to different conclusions from it.</p> <p>2. Master and Servant—Fellow Servants—Railroad Employes under Texas Statute.</p> <p>Under the statutes of Texas (Sayles’ Ann. Civ. St. 1897, arts. 4560g, 4560h), which provide that all employes of a railroad company who are intrusted with authority of superintendence, control, or command of ' other servants or employes, or with authority to direct any other employe in the performance of any duty, aro vice principals of the company, and not fellow servants of their co-employes, and that employes shall be considered fellow servants only when they “are in the same grade of employment, and are doing the same character of work or service, and are working together at the same time and place and at the same piece of work to a common purpose,” the foreman in charge and control of a bridge gang on a railroad is not a fellow servant with a member of such . gang, who under his orders is engaged in a separate piece of work, but is a vice principal, for whose negligence in the performance of his duty as foreman, resulting in an injury to his subordinate, the company is responsible.1</p> <p>8. Negligence—Acts Constituting—Unusual Consequences.</p> <p>The fact that an act of negligence produced an injury to another in a manner so unusual that it was not to bo expected or anticipated does not relieve the party responsible from liability, when such act was one likely to cause injury in a way that might have been foreseen.</p> <p>4, Same-^Proximate Cause of