Texas Supreme Court

Houston East & West Texas Railway Company v. Coleman B. De Walt

December 1, 190296 Tex. 121

Summary

The Texas Supreme Court held that a master (employer) is not absolutely liable for a servant's injuries when the servant obeys an order that is extra hazardous; liability depends on a jury finding of contributory negligence, and that pleadings containing inconsistent defenses are not admissions and may be admitted as evidence of the facts they allege.