CHAPTER 10. LIABILITY FOR INJURIES TO EMPLOY S - Texas Statutes

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.