Houston East & West Texas Railway Co. v. De Walt
Texas Supreme Court
Questions certified by the Court of Civil Appeals for the First District, in an appeal from Polk County.
1Opinion of the Court
WILLIAMS, Associate Justice.
1. It is not true that servants of railway companies are held bound by the law under all circumstances to obey the orders of their superiors. Obedience to an order may involve personal risk so great and so obvious that no prudent man should take it. The master or his representative has no right to give nor is the servant bound to obey such an order. Hor is it necessarily true that, if work which the master orders the servant to do is extra hazardous, the master is responsible to the servant for the consequence of obedience. If the work be of so dangerous a…
2Cases cited4 opinions
- Ogden & Johnson v. BosseTexas Supreme Court · 1894
- Coats v. ElliottTexas Supreme Court · 1859
- Barrett v. FeatherstoneTexas Supreme Court · 1896
- Watson v. First National BankTexas Supreme Court · 1902
3Cited by89 opinions
- Adams v. WilliamsTexas Supreme Court · 1923
- Corn v. Crosby County Cattle Co.Texas Commission of Appeals · 1930
- Canales v. Bank of CaliforniaCourt of Appeals of Texas · 1958
- American Medical Technologies, Inc. v. Miller, Texas Court of Appeals, 14th District (Houston)2004
- Reed v. LindleyCourt of Appeals of Texas · 1922
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