VERNON'S TEXAS CIVIL STATUTES
CHAPTER 10. LIABILITY FOR INJURIES TO EMPLOYES
Art. 6432. [6640] Injury to fellow servant
Every person, receiver, or corporation operating a railroad or
street railway, the line of which shall be situated in whole or in
part in this State, shall be liable for all damages sustained by any
servant or employe thereof while engaged in the work of operating
the cars, locomotives or trains of such person, receiver, or
corporation, by reason of the negligence of any other servant or
employe of such person, receiver or corporation, and the fact that
such servants or employes were fellow-servants with each other
shall not impair or destroy such liability.
Acts 1st C.S. 1897, p. 14; G.L. vol., 10, p. 1454.
Art. 6432A. Applicability of Chapter
Notwithstanding any other law, this chapter applies to any person,
receiver, or corporation except for the portion of the operations
of the person, receiver, or corporation that:
(1) consists solely of the fabrication, manufacture, repair, or
storage of rail rolling stock; or
(2) uses rail cars solely as a part of its own internal
manufacturing or production process.
Added by Acts 1997, 75th Leg., ch. 151, Sec. 1, eff. May 20, 1997.
Art. 6433. [6641] Who are vice-principals
All persons engaged in the service of any person, receiver, or
corporation controlling or operating a railroad or street railway,
the line of which shall be situated in whole or in part in this
State, who are intrusted by such person, receiver, or corporation
with the authority of superintendence, control or command of the
other servants or employes, of such person, receiver, or
corporation, with the authority to direct any other employe in the
performance of any duty of such employe, are vice-principals of
such person, receiver, or corporation, and are not fellow-servants
with their co-employes.
Acts 1st C.S. 1897, p. 14; G.L. vol., 10, p. 1454.
Art. 6434. [6642] "Fellow-servants"
All persons who are engaged in the common service of such person,
receiver, or corporation controlling or operating a railroad or
street railway, and who while so employed are in the same grade of
employment and are doing the same character of work or service, and
are working together at the same time and place, and at the same
piece of work and to a common purpose, are fellow-servants with each
other. Employes who do not come within the provisions of this
article shall not be considered fellow-servants.
Acts 1st C.S. 1897, p. 14; G.L. vol., 10, p. 1454.
Art. 6435. [6643] Contract limiting liability void
No contract made between the employer and employe based upon the
contingency of death or injury of the employe and limiting the
liability of the employer under the preceding articles of this
chapter, or fixing damages to be recovered, shall be valid or
binding.
Acts 1st C.S. 1897, p. 14; G.L. vol., 10, p. 1454.
Art. 6436. [6644] Contributory negligence
Nothing in the preceding articles of this chapter shall be held to
impair or diminish the defense of contributory negligence when the
injury of the servant or employe is caused proximately by his own
contributory negligence, except as otherwise provided in this
chapter.
Art. 6437. [6645] Assumed risk
The plea of assumed risk shall not be available as a bar to recovery
of damages in any suit brought in any court of this State against
any corporation, receiver or other person, operating any railroad,
interurban railway or street railway in this State for the recovery
of damages for the death or personal injury of any employe or
servant caused by the wrong or negligence of such person,
corporation or receiver; it being contemplated that while the
employe does assume the ordinary risk incident to his employment he
does not assume the risk resulting from any negligence on the part
of his employer, though known to him.
Where, however, in any such suit, it is alleged and proven that such
deceased or injured employe was chargeable with negligence in
continuing in the service of any such corporation, receiver or
person above named in view of the risk, dangers and hazards of which
he knew or must necessarily have known, in the ordinary performance
of his duties, such fact shall not operate to defeat recovery, but
the same shall be treated and considered as constituting
contributory negligence, and if proximately causing or
contributing to cause the death or injury in question, it shall have
the effect of diminishing the amount of damages recoverable by such
employe, or his heirs or representatives in case of the employe's
death, only in proportion to the amount of negligence so
attributable to such employe.
Acts 1905, p. 386; Acts 1921, p. 195.
Art. 6438. [6647] Double header trains
Employes of railway companies employed by said companies in the
operation of trains within this State, propelled by two or more
engines, shall not be held to assume the risk, if any there be,
incident to their employment; provided, they be injured while
engaged in the operation of such trains and that such injury was
occasioned by reason of the operation of two or more engines on such
train instead of one.
Acts 1900, S.S. p. 15.
Art. 6439. [6648] Liable for injury or death of employe
Every corporation, receiver, or other person, operating any
railroad in this State, shall be liable in damages to any person
suffering injury while he is employed by such carrier operating
such railroad, or in case of death of such employe, to his or her
personal representative for the benefit of the surviving widow and
children, or husband and children, and mother and father of the
deceased, and, if none, then of the next kin dependent upon such
employe for such injury or death resulting in whole or in part from
the negligence of any of the officers, agents, or employes of such
carrier; or by reason of any defect or insufficiency due to its
negligence, in its cars, engines, appliances, machinery, track,
roadbed, works, boats, wharves, or other equipment. The amount
recovered shall not be liable for debts of deceased and shall be
divided among the persons entitled to the benefit of the action or
such of them as shall be alive, in such shares as the jury, or court
trying the case without a jury, shall deem proper. In case of the
death of such employe, the action may be brought without
administration by all the parties entitled thereto, or by any one or
more of them, for the benefit of all, and, if all parties be not
before the court, the action may proceed for the benefit of such of
said parties as are before the court.
Acts 1st C.S. 1909, p. 279.
Art. 6440. [6649] Contributory negligence
In all actions brought against any such common carrier or railroad
under or by virtue of any provision of the foregoing article and the
three succeeding articles to recover damages for personal injuries
to an employe, or where such injuries have resulted in his death,
the fact that the employe may have been guilty of contributory
negligence shall not bar a recovery, but the damages shall be
diminished by the jury in proportion to the amount of negligence
attributable to such employe; provided, that no such employee who
may be injured or killed shall be held to have been guilty of
contributory negligence in any case where the violations by such
common carrier of any statute enacted for the safety of employes
contributed to the injury or death of such employe.
Acts 1st C.S. 1909, p. 279.
Art. 6441. [6650] Assumed risk
In any action brought against any common carrier under or by virtue
of any provision of the two preceding articles to recover damages
for injuries to or the death of any of its employes, such employe
shall not be held to have assumed the risks of his employment in any
case where the violation by such common carrier of any statute
enacted for the safety of employes contributed to the injury or
death of such employe.
Acts 1st C.S. 1909, p. 279.
Art. 6442. [6651] Contract changing liability void
Any contract, rule, regulation or device whatsoever, the purpose or
intent of which shall be to enable any common carrier to exempt
itself from any liability created by the three preceding articles
shall to that extent be void; provided, that, in any action brought
against any such common carrier by virtue of said articles, such
common carrier may set off therein any sum it has contributed or
paid to any insurance, relief benefit or indemnity that may have
been paid to the injured employe, or the person entitled thereto, on
account of the injury or death for which said action was brought.
Acts 1st C.S. 1909, p. 279.
Art. 6443. [6652] Articles of this chapter construed
Nothing in the provisions of the four preceding articles shall be
held to limit the duty or liability of common carriers, or to impair
the rights of employes, under other articles of these Statutes,
but, in case of conflict, these articles shall prevail; and nothing
in said articles shall affect the right of action under any law of
this State.
Acts 1st C.S. 1909, p. 279.
