Texas & P. Ry. Co. v. Brick
| Decision Date | 26 February 1892 |
| Citation | 18 S.W. 947 |
| Parties | TEXAS & P. RY. CO. v. BRICK. |
| Court | Texas Supreme Court |
Action by Thomas Brick against the Texas & Pacific Railway Company. Judgment for plaintiff. Defendant appeals. Affirmed.
Finch & Thompson, for appellant. Ball, Wynne & McCart, for appellee.
The appellee brought this action to recover of appellant damages for the loss of the services of his minor son. The suit was brought in the first instance against John C. Brown, as receiver of the property of the appellant company; but in an amended petition the company was made a party, and it was averred that Brown had been discharged as receiver; that all its property had been turned back to it by the court, with betterments of the value of millions of dollars placed thereon by him from its net income during his receivership. The original ground of action was that, without the consent of the plaintiff, his minor son had been employed by an agent of the receiver to work at the dangerous occupation of a brakeman in the company's switch-yard, and that, while so employed, had suffered injuries which rendered him unable to earn a livelihood. That the company was liable, under the circumstances, for the damages occurring from the wrong alleged, is not an open question in this court. Railway Co. v. Comstock, 18 S. W. Rep. 946, (this day decided;) Boggs v. Brown, (Tex. Sup.) 17 S. W. Rep. 830, and cases there cited. The appellant requested the court to charge the jury to the effect that the plaintiff could not recover if his son was guilty of negligence which contributed to the injury; and also that he could not recover if the accident was the result of the negligence of the son's fellow-servants. Both instructions were refused, and in this action of the court there was no error. In Railway Co. v. Redeker, 67 Tex. 190, 2 S. W. Rep. 527, the rule was clearly recognized that one who employs a minor, knowing him to be such, in a dangerous business, without the father's consent, becomes liable to compensate the father for any loss of the son's service during minority which may result from an injury suffered in that business. That case was reversed solely upon the ground that the charge authorized a recovery without reference to the question whether the employer knew of the minority or not. The decision of the supreme court of Kentucky in Railway Co. v. Wells, 83 Ky. 57, cited in the Redeker Case from a syllabus in the Central Law Journal, is now before us, and fully sustains the doctrine of the employer's liability in such cases. The contract of employment with the minor having been made without the consent of the father, the latter...
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