Austin Rapid Transit Railway Co. v. Grothe

GAINES, Chief Justice.

—The writ of error was granted in this case, because we were inclined to the opinion that the charge of the court upon-the law of fellow servants was erroneous. It was alleged in the petition, among other averments, that the plaintiff in the court below, the defendant in. error, was injured through the negligence of one Eggling, and that while they were at the time of the injury, both servants of the defendant company, the plaintiff was subject to the superintendence and control of Eggling,. and that Eggling had the power to employ and discharge servants who were subject…