The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-03-20
FELLOW SERVANT BILL
TEXT OF THE MEASURE PASSED ny
THE SENATE.
Persons in Charge Are Vice Prfn-
cipals and Are Not Fellow scrv-
ants of Men Under Them.

Austin. Texas. March la.-The following
is the text of Mr. Lewis fellow servant
bill as it passed the senate yesterday:
a. bill 10 be entitled An act 10 prescribe
aud define the liability of persons, re-
ceivers or corporations operating rail-
roads OF street railways for injuries 10
their employees and TO define who are
fellow servants. and 10 prohibit con-
tracts between employer and employe
based upon the contingency OF the injury
or death OF the empoyc. limiting the
liability of the employer for damages.
Be II enacted by the legislature OF the
State OF Texas
Section !. Every person. receiver or cor
porRtion operating railroad or street
railway. the line OF which shall be sit
uatec in who'll or in part in this state.
shall he liable for all damages sustained
10 The person OF any servant or employe
acting in the capacity of locomotive en-
gineer. locomotive fireman. conductor or
brakeman while engaged IN the work OF
operating the engines, cars or trains OF
switching the cars of such person. receiver
or corporation. ~ reason OF he negligence
OF any other servant or employe OF such
person, receiver or corporation. and the
fact that such servants or employees were
fellow servants with each other shall not
impair or destroy such liability
Sec. .. All persons engaged In the service
of any person. receiver or corporation con-
trolling or operatir. a railroad or street
railway. the line OF which is situated in
whole or in part In this state. who are
Entrusted by such person, receiver or cor
poration with the authority of superintend-
ence. control or command Of other servants
or employees of such person. receiver or
corporation, or with the authority to direct
any other employe in the performance OF
any duty Of such employe, are vice prin-
rtf 1u 1T al, .r-r
tion md are no fellow servants with their
CO. employees.
Sec. 3. All persons who are engaged in
the common service Of such person. rc-
cever or corporation controlling or oper
ating 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
common purpose are fellow servants with
each other Employees who do not come
within the provisions Of this section shall
not be considered fellow servants.
Sec. 4. No contract made between the
employer and employe. based upon the
contingency Of death or injury OF the en-
ployo and limiting the liability Of the en-
pioyer under this act or fixing damages to
be recovered, shall be valid or binding.
see = Nothing In this aci shall be hold
" impair or ulinlnlsh inc defense OF con-
tributory negligence. when the injury Of
tho servant or employe is caused proxi-
matoly by his own contributory neeli-
eence.
See G. The large number Of bills upon
the calendars of each house Of the legis-
lature and the fact that the existing fell
low servant law is Inadequate to accom-
plsh its purpose. and the fact that large
portion OF our ctizenzs have no adequate
remedy for personal injuries sustained
create an emergency and an imperative
public necessity exists that the constitu-
tional rule requiring bills 10 be read on
three several days be and the same is
hereby suspended. and that this act shall
take effect and he in force from and after
us passage. and 1t Is so enacted.