M. P. R'y Co. v. Watts
Texas Supreme Court
Appeal from Anderson. Tried below before the Hon. Peyton F. Edwards. Suit by E. P. Watts against the Missouri Pacific Railway Company and the International & Great Northern Railroad Company, for damages for personal injuries inflicted on him while he was in the employment as a servant of the Missouri Pacific Railway Company, lessee of the said International & Great Northern Railway Company.
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Appeal from Anderson. Tried below before the Hon. Peyton F. Edwards. Suit by E. P. Watts against the Missouri Pacific Railway Company and the International & Great Northern Railroad Company, for damages for personal injuries inflicted on him while he was in the employment as a servant of the Missouri Pacific Railway Company, lessee of the said International & Great Northern Railway Company. He claimed that he was damaged in the sum of $6,000. The appellants (as defendants below) answered: 1st. That they were “ not guilty.” 2d. That if any injuries were inflicted it was done by a…
1Opinion of the Court
Watts, J. Com. App.
Undoubtedly the charge of the court upon the issue as to fellow-servants is not in accord with the generally received doctrine in this state. It is now settled that where employees serve the same master, labor under the same control, derive their authority and receive their compensation from the same gen*552eral business, notwithstanding they may be of different grades, or operate in different and distinct departments of the common service, nevertheless they will be considered fellow-servants. Robinson v. H. & T. C. R’y Co., 46 Tex., 550; Dallas v. G., C. & S. F. R’y Co., 61…
2Cases cited2 opinions
- Dallas v. G., Col. & S. F. R'y Co.Texas Supreme Court · 1884
- Robinson v. H. & T. Central Railway Co.Texas Supreme Court · 1877
3Cited by21 opinions
- Galveston, Harrisburg & San Antonio Railway Co v. GormleyTexas Supreme Court · 1898
- East Line & Red River Railway Co. v. CulbersonTexas Supreme Court · 1888
- St. Louis, Arkansas & Texas Railway Co. v. WelchTexas Supreme Court · 1888
- Missouri Pacific Railway Co. v. CallbreathTexas Supreme Court · 1886
- International & Great Northern Railroad v. UnderwoodTexas Supreme Court · 1887
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