Texas Vernon's Texas Civil Statutes - Article 6434. Fellow-Servants

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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. 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.

Article: Previous 6428 6429 6430 6431. [6623] [4547] DISCHARGED EMPLOYÉ. When a railroad company shall discharge an employé, or when the time of service of such employé shall expire, or when a railroad company shall be due and owing an employé, such railroad company, upon discharge, or upon the termination of the term of such service, or upon maturity of said indebtedness, shall, within fifteen days after the demand therefor upon the nearest station agent of said railroad company, pay to such employé the full amount due and owing him. If said railroad company fails or refuses to pay such employé, then it shall be liable to pay to such employé twenty per cent on the amount due him, as damages, in addition to the amount so due, in no case the damages to be less than five nor more than one hundred dollars. Acts 1887, p. 72; G.L. vol. 9, p 6432 6432A 6433 6434 6435 6436 6437 6438 6439. [6648] LIABLE FOR INJURY OR DEATH OF EMPLOYÉ. 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 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 6440 6441 Next

Last modified: August 11, 2007

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Texas Vernon's Texas Civil Statutes - Article 6434. Fellow-Servants