81st Texas Legislature, Regular Session, Senate Bill 1540, Chapter 85 Page: 28 of 126
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ii! S.B. No. 1540
1 (a' .Sections 112.152, 112.153, 112.154(d), 112.155, and 112.156
2 doi not:
3 (1) limit the duty or liability of a railroad operator
4 or impair the rights of an employee under the Revised Statutes of
5 192$ or
6 (2) affect a right of action under another law of this
8 (b) Except as provi ed by Section 112.151, a section listed
9 in Subseection (a) controls ver any other provision of the Revised
10 Statut s of 1925 with which it conflicts. (V.A.C.S. Art. 6443.)
11 Sec. 112.158. INJURY TO FELLOW SERVANT. (a) This section
12 applies only to a corporation, receiver, or other person that
13 coAtols or operates a railroad or street railway the line of which
14 is located wholly or partly in this state.
15 (b) An entity described by Subsection (a) is liable for
16 damages sustained by an employee of the entity while the employee is
17 engaged in the work of operating the cars, locomotives, or trains of
18 the entity as a result of the negligence of any other employee of
19 the entity, regardless of whether the negligent employee and the
20 employee who sustained the damages are considered fellow servants.
21 (c) Persons who are engaged in the common service of an
22 entity described by Subsection (a) are considered fellow servants
23 only if the persons are:
24 (1) employed in the same grade of employment;
25 (2) doing the same character of work or service; and
26 (3) working together at the same time and place and at
27 the same piece of work for a common purpose.
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Texas. Legislature. Senate. 81st Texas Legislature, Regular Session, Senate Bill 1540, Chapter 85, legislative document, May 20, 2009; [Austin, Texas]. (texashistory.unt.edu/ark:/67531/metapth310917/m1/28/: accessed September 26, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.