Houston & Texas Central Railway Co. v. Fowler
Texas Supreme Court
Appeal from Waller. Tried below before the Hon. Wm. H. Burkhart. The statement of the case by appellant’s brief, being admitted correct by appellees’ counsel, is adopted as follows: Jacob Frank Fowler, deceased, was an employee in the service of the appellant as yardmaster at Hempstead, Waller county, Texas, when, on the 3d day of December, A. D. 1875, he was ordered by his superior officer, the assistant superintendent, to “run to wreck on Union Hill ” to get the passengers…
Read the full summary
Appeal from Waller. Tried below before the Hon. Wm. H. Burkhart. The statement of the case by appellant’s brief, being admitted correct by appellees’ counsel, is adopted as follows: Jacob Frank Fowler, deceased, was an employee in the service of the appellant as yardmaster at Hempstead, Waller county, Texas, when, on the 3d day of December, A. D. 1875, he was ordered by his superior officer, the assistant superintendent, to “run to wreck on Union Hill ” to get the passengers from a train which was disabled. In the execution of that order Fowler met with an accident which resulted in his…
1Opinion of the Court
Bonner, Associate Justice.
I. One of the grounds upon which the plaintiffs below, Mrs. Mary A. Fowler and her children, seek to recover in this case is, that the deceased husband and father, Jacob F. Fowler, came to his death in the attempt to execute an order issued to him by C. A. Burton, as assistant superintendent of the defendant company, to perform a dangerous duty, not *457within the scope of the employment of Fowler as yardmaster.
Mr. Thompson, in his work on Negligence, thus states the rule in such cases:
“Where the master orders the servant into a service which he did not undertake to…
2Cases cited3 opinions
- International & Great Northern Railroad v. HallorenTexas Supreme Court · 1880
- Galveston, H. & S. A. R. R. Co. v. DelahuntyTexas Supreme Court · 1880
- Houston & Great Northern Railroad v. ParkerTexas Supreme Court · 1878
3Cited by12 opinions
- Galveston, Harrisburg & San Antonio Ry. Co. v. GarrettTexas Supreme Court · 1889
- Fort Worth & Denver City Railway Co. v. KielTexas Supreme Court · 1945
- Jackson v. Kansas City, Lawrence & Southern Kansas RailroadSupreme Court of Kansas · 1884
- Houston T. C. R. Co. v. WalshCourt of Appeals of Texas · 1915
- Fort Worth & Denver City Railway Co. v. WilsonCourt of Appeals of Texas · 1893
7 more not listed; retrieve them via the Exa API.