Gulf, Colorado & Santa Fe Railway Co. v. Donnelly
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. William H. Stewart. The character of this case, in which the plaintiff recovered i damages for personal injuries, is manifest from the opinion. The evidence, of which there was much, is quite too lengthy; for insertion, and if given would not aid to a better understand- ■: ing of the principles decided.
1Opinion of the Court
Collard, Judge.
There is a principle of law in the text books, well supported by authority and especially in this State by the opinion of Justice Stayton in the Drew case, 59 Texas, 12, that where an employe remains in the service of the employer after discovery of anything in the machinery or appliances connected with the service affecting his safety and rendering his employment more than ordinarily dangerous, he must inform the employer, as otherwise he assumes all the risk of increased danger; and if the employer promise to repair in a reasonable time, the servant will not be held to have…
2Cases cited1 opinion
- G., H. & San Antonio R'y Co. v. DrewTexas Supreme Court · 1883
3Cited by7 opinions
- Rice v. . Eureka Paper Co.New York Court of Appeals · 1903
- Southwestern States Portland Cement Co. v. YoungCourt of Appeals of Texas · 1911
- Myhra v. Chicago, Milwaukee & Puget Sound Railway Co.Washington Supreme Court · 1911
- International & Great Northern Railway Co. v. TurnerCourt of Appeals of Texas · 1893
- Rice v. Eureka Paper Co.Appellate Division of the Supreme Court of the State of New York · 1902
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