The Texas Civil Appeals Reports Volume 53

The Texas Civil Appeals Reports Volume 53

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1911 edition. Excerpt: ... have had no place in the case. But admitting that the facts did show that appellee had been guilty of slight contributory negligence, and appellant had been guilty of gross negligence in comparison with that of appellee, then appellant can not reasonably complain of a failure to charge comparative negligence, because the court charged the jury to find in favor of appellant if 'appellee had been guilty of contributory negligence. Under the Federal Act appellee might have recovered something although he had been guilty of slight contributory negligence, but under the charge of the court he could not recover anything if he had been guilty of contributory negligence at all. The charge was therefore favorable to appellant. The Federal statute was enacted to protect employes and fix the liability of employers, and a failure to give it in charge would hardly injure the cause of the employer. The court did not follow the Federal Act, which destroys the defense of fellow servant, but instructed the jury that appellee could not recover if the injuries were caused by the acts of a fellow servant. C-an appellant complain of the failure to charge the Federal Act in this regard with any degree of consistency? Of course not, because the charge increased the burdens of appellee, and accorded appellant the benefit of a defense that is denied it by the Employers' Liability Act. It follows that it is immaterial whether the Federal Act is still in force in New Mexico or not, and our opinion on that subject is not necessary and may be withdrawn, because appellant has received the benefit of defenses against which the Federal legislation is directed, and it is in no position to invoke errors arising from not giving the provisions of the law in charge to...
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Product details

  • Paperback | 406 pages
  • 189 x 246 x 21mm | 721g
  • United States
  • English
  • black & white illustrations
  • 1236973976
  • 9781236973979