Texas & P. R'y Co. v. McAtee

Citations

• 61 Tex. 695
• 1884 Tex. LEXIS 176

Syllabus

<p>1. Negligence — Damages.— Where a brakeman employed by a railway company, in the performance of his duties as such,receives injuries, the direct proximate cause of which was a defective brake on a car, which, in the line of his duty as employee, he was setting when injured, he is entitled to recover damages therefor, if the brake was so defective that by a proper use of it the work for which it was intended could not be performed; provided, the brakeman did not know of such defect, and the company or its officers, in the exercise of proper diligence, should have known of its existence.</p> <p>2. Same.— A verdict for §5,000 damages, awarded a brakeman thus injured, whose injuries disabled him for life, was not deemed so excessive as to require a reversal.</p>