Texas Transportation Code
§ 112.158 — INJURY TO FELLOW SERVANT
TN § 112.158Title 5. RAILROADS · Part C. RAILROADS GENERALLY · Ch. 112. POWERS AND DUTIES OF RAILROADS · Art. D. LIABILITY FOR INJURIES TO EMPLOYEES
Statute text
View on source(a)This section applies only to a corporation, receiver, or other person that controls or operates a railroad or street railway the line of which is located wholly or partly in this state.
(b)An entity described by Subsection (a) is liable for damages sustained by an employee of the entity while the employee is engaged in the work of operating the cars, locomotives, or trains of the entity as a result of the negligence of any other employee of the entity, regardless of whether the negligent employee and the employee who sustained the damages are considered fellow servants.
(c)Persons who are engaged in the common service of an entity described by Subsection (a) are considered fellow servants only if the persons are:
(1)employed in the same grade of employment;
(2)doing the same character of work or service; and
(3)working together at the same time and place and at the same piece of work for a common purpose.
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Legislative history
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.