Galveston, Harrisburg & San Antonio Ry. Co. v. Garrett
Texas Supreme Court
Appeal from Harris. Tried below before Hon. James Masterson. This is an appeal from a judgment for $3500 in favor of appellee for personal injuries suffered in the employment of the appellant. The coupling apparatus attached to 'the locomotive, called a goose neck, is alleged to have been dangerous and unfit for use in coupling to freight cars, and was safe when used to couple to passenger cars.
Read the full summary
Appeal from Harris. Tried below before Hon. James Masterson. This is an appeal from a judgment for $3500 in favor of appellee for personal injuries suffered in the employment of the appellant. The coupling apparatus attached to 'the locomotive, called a goose neck, is alleged to have been dangerous and unfit for use in coupling to freight cars, and was safe when used to couple to passenger cars. It is alleged that plaintiff was put to unusual hazard not ordinarily incident to his employment as a brakeman on account of the unsafe coupling apparatus, and while trying to perform his duty in…
1Opinion of the Court
Collard, Judge.—
There is an implied contract on the part of a railway company to furnish its employes reasonably safe and suitable machinery—not the best and most improved, but such as is reasonably safe and adapted to the work to be performed. It is bound to ordinary care in this respect. Beach on Con. Neg., secs. 124, 125.
If the company by negligence fail to furnish such machinery and appliances, by reason of which its employe in the discharge of'his duty, ignorant of the defect and not chargeable with constructive notice of it and •at the time exercising due care, is injured, the company…
2Cases cited3 opinions
- G., H. & San Antonio R'y Co. v. DrewTexas Supreme Court · 1883
- Missouri Pacific Railway Co. v. SomersTexas Supreme Court · 1888
- Houston & Texas Central Railway Co. v. FowlerTexas Supreme Court · 1882
3Cited by14 opinions
- Beaumont, Sour Lake & Western Railway Co. v. SchmidtTexas Supreme Court · 1934
- Beaumont, S. L. & W. Ry. Co. v. SchmidtTexas Commission of Appeals · 1934
- Cornec v. Baltimore & OR Co.Court of Appeals for the Fourth Circuit · 1931
- Pocahontas Colleries Co. v. Rukas' AdministratorSupreme Court of Virginia · 1905
- Northern Pac. Ry. Co. v. TynanCourt of Appeals for the Ninth Circuit · 1902
9 more not listed; retrieve them via the Exa API.