State Codes and Statutes
Statutes > Texas > Vernon-s-civil-statutes > Title-112-railroads > Chapter-10-liability-for-injuries-to-employs
VERNON'S CIVIL STATUTES
TITLE 112. RAILROADS
CHAPTER 10. LIABILITY FOR INJURIES TO EMPLOYÉS
Text of article effective until April 01, 2011
Art. 6432. 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.
Text of article effective until April 01, 2011
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.
Text of article effective until April 01, 2011
Art. 6433. 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
employés, of such person, receiver, or corporation, with
the authority to direct any other employé in the
performance of any duty of such employé, are
vice-principals of such person, receiver, or corporation, and are
not fellow-servants with their co-employés.
Acts 1st C.S. 1897, p. 14; G.L. vol., 10, p. 1454.
Text of article effective until April 01, 2011
Art. 6434. "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. Employés 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.
Text of article effective until April 01, 2011
Art. 6435. CONTRACT LIMITING LIABILITY VOID. No contract made
between the employer and employé based upon the
contingency of death or injury of the employé 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.
Text of article effective until April 01, 2011
Art. 6436. 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 employé is caused proximately by his own contributory
negligence, except as otherwise provided in this chapter.
Text of article effective until April 01, 2011
Art. 6437. 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 employé or servant caused
by the wrong or negligence of such person, corporation or
receiver; it being contemplated that while the employé
does assume the ordinary risk incident to his employment he does
not assume the risk resulting from any negligence on the part of
his employér, though known to him.
Where, however, in any such suit, it is alleged and proven that
such deceased or injured employé 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 employé, or his heirs or
representatives in case of the employé's death, only in
proportion to the amount of negligence so attributable to such
employé.
Acts 1905, p. 386; Acts 1921, p. 195.
Text of article effective until April 01, 2011
Art. 6438. DOUBLE HEADER TRAINS. Employés 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.
Text of article effective until April 01, 2011
Art. 6439. 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 employéd by such carrier operating such
railroad, or in case of death of such employé, 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 employé for such injury or death
resulting in whole or in part from the negligence of any of the
officers, agents, or employés 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 employé, 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.
Text of article effective until April 01, 2011
Art. 6440. 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
employé, or where such injuries have resulted in his
death, the fact that the employé 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 employé; provided, that no
such employée 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 employés contributed to the injury or death
of such employé.
Acts 1st C.S. 1909, p. 279.
Text of article effective until April 01, 2011
Art. 6441. 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 employés, such employé 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 employés contributed to the
injury or death of such employé.
Acts 1st C.S. 1909, p. 279.
Text of article effective until April 01, 2011
Art. 6442. 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 employé, 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.
Text of article effective until April 01, 2011
Art. 6443. 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 employés, 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.
State Codes and Statutes
Statutes > Texas > Vernon-s-civil-statutes > Title-112-railroads > Chapter-10-liability-for-injuries-to-employs
VERNON'S CIVIL STATUTES
TITLE 112. RAILROADS
CHAPTER 10. LIABILITY FOR INJURIES TO EMPLOYÉS
Text of article effective until April 01, 2011
Art. 6432. 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.
Text of article effective until April 01, 2011
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.
Text of article effective until April 01, 2011
Art. 6433. 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
employés, of such person, receiver, or corporation, with
the authority to direct any other employé in the
performance of any duty of such employé, are
vice-principals of such person, receiver, or corporation, and are
not fellow-servants with their co-employés.
Acts 1st C.S. 1897, p. 14; G.L. vol., 10, p. 1454.
Text of article effective until April 01, 2011
Art. 6434. "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. Employés 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.
Text of article effective until April 01, 2011
Art. 6435. CONTRACT LIMITING LIABILITY VOID. No contract made
between the employer and employé based upon the
contingency of death or injury of the employé 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.
Text of article effective until April 01, 2011
Art. 6436. 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 employé is caused proximately by his own contributory
negligence, except as otherwise provided in this chapter.
Text of article effective until April 01, 2011
Art. 6437. 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 employé or servant caused
by the wrong or negligence of such person, corporation or
receiver; it being contemplated that while the employé
does assume the ordinary risk incident to his employment he does
not assume the risk resulting from any negligence on the part of
his employér, though known to him.
Where, however, in any such suit, it is alleged and proven that
such deceased or injured employé 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 employé, or his heirs or
representatives in case of the employé's death, only in
proportion to the amount of negligence so attributable to such
employé.
Acts 1905, p. 386; Acts 1921, p. 195.
Text of article effective until April 01, 2011
Art. 6438. DOUBLE HEADER TRAINS. Employés 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.
Text of article effective until April 01, 2011
Art. 6439. 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 employéd by such carrier operating such
railroad, or in case of death of such employé, 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 employé for such injury or death
resulting in whole or in part from the negligence of any of the
officers, agents, or employés 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 employé, 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.
Text of article effective until April 01, 2011
Art. 6440. 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
employé, or where such injuries have resulted in his
death, the fact that the employé 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 employé; provided, that no
such employée 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 employés contributed to the injury or death
of such employé.
Acts 1st C.S. 1909, p. 279.
Text of article effective until April 01, 2011
Art. 6441. 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 employés, such employé 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 employés contributed to the
injury or death of such employé.
Acts 1st C.S. 1909, p. 279.
Text of article effective until April 01, 2011
Art. 6442. 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 employé, 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.
Text of article effective until April 01, 2011
Art. 6443. 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 employés, 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.
State Codes and Statutes
Statutes >
Texas >
Vernon-s-civil-statutes >
Title-112-railroads >
Chapter-10-liability-for-injuries-to-employs VERNON'S CIVIL STATUTES
TITLE 112. RAILROADS
CHAPTER 10. LIABILITY FOR INJURIES TO EMPLOYÉS
Text of article effective until April 01, 2011
Art. 6432. 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.
Text of article effective until April 01, 2011
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.
Text of article effective until April 01, 2011
Art. 6433. 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
employés, of such person, receiver, or corporation, with
the authority to direct any other employé in the
performance of any duty of such employé, are
vice-principals of such person, receiver, or corporation, and are
not fellow-servants with their co-employés.
Acts 1st C.S. 1897, p. 14; G.L. vol., 10, p. 1454.
Text of article effective until April 01, 2011
Art. 6434. "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. Employés 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.
Text of article effective until April 01, 2011
Art. 6435. CONTRACT LIMITING LIABILITY VOID. No contract made
between the employer and employé based upon the
contingency of death or injury of the employé 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.
Text of article effective until April 01, 2011
Art. 6436. 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 employé is caused proximately by his own contributory
negligence, except as otherwise provided in this chapter.
Text of article effective until April 01, 2011
Art. 6437. 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 employé or servant caused
by the wrong or negligence of such person, corporation or
receiver; it being contemplated that while the employé
does assume the ordinary risk incident to his employment he does
not assume the risk resulting from any negligence on the part of
his employér, though known to him.
Where, however, in any such suit, it is alleged and proven that
such deceased or injured employé 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 employé, or his heirs or
representatives in case of the employé's death, only in
proportion to the amount of negligence so attributable to such
employé.
Acts 1905, p. 386; Acts 1921, p. 195.
Text of article effective until April 01, 2011
Art. 6438. DOUBLE HEADER TRAINS. Employés 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.
Text of article effective until April 01, 2011
Art. 6439. 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 employéd by such carrier operating such
railroad, or in case of death of such employé, 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 employé for such injury or death
resulting in whole or in part from the negligence of any of the
officers, agents, or employés 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 employé, 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.
Text of article effective until April 01, 2011
Art. 6440. 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
employé, or where such injuries have resulted in his
death, the fact that the employé 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 employé; provided, that no
such employée 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 employés contributed to the injury or death
of such employé.
Acts 1st C.S. 1909, p. 279.
Text of article effective until April 01, 2011
Art. 6441. 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 employés, such employé 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 employés contributed to the
injury or death of such employé.
Acts 1st C.S. 1909, p. 279.
Text of article effective until April 01, 2011
Art. 6442. 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 employé, 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.
Text of article effective until April 01, 2011
Art. 6443. 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 employés, 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.
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