Gordon v. Buster

257 S.W. 220
CourtTexas Supreme Court
DecidedDecember 20, 1923
DocketNo. 3746
StatusPublished
Cited by22 cases

This text of 257 S.W. 220 (Gordon v. Buster) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gordon v. Buster, 257 S.W. 220 (Tex. 1923).

Opinion

PIERSON, J.

Plaintiff in error owned ranches in Castro, Deaf Smith, and Terry counties, upon which he employed more than three men. On the Castro county ranch there was a farm in connection. He had three employees there — defendant in error, who looked after the ranch work proper, and two others, who did the work primarily appertaining to the raising of and gathering the crops. For a full statement of the facts see Gordon v. Buster, 286 S. W. 803.

The single question .here presented is whether or not a ranch laborer is exempted from the Workmen’s Compensation Law by article 5246 — 2, V. C. T. S., under the general term “farm laborers.”

Under article 5246 — 1, the common-law defenses of contributory negligence, negligence of a fellow employee, and assumed risk are taken away and denied, and unless ranch [221]*221labor is included in tbe' exception- “farm laborers,” mentioned in article'5246 — 2, plaintiff in error would be denied tbe defenses of contributory negligence and assumed risk herein, and tbe judgment against bim must stand as found by tbe district court, and affirmed on appeal.

Article 5246 — 2 provides:

“The provisions of this act shall not apply to actions to recover damages for the personal injuries nor for death resulting from personal injuries sustained by domestic servants, farm laborers. * * * ”

Upon a careful survey of tbe subject, we bold tbe view that ranch laborers are included in tbe general term “farm laborers,” as used in the statute, and that, as such, are exempted from the operation of tbe Workmen’s Compensation Act as it stood before its amendment by tbe Thirty-Seventh Legislature (Vernon’s Ann. Civ. St. Supp. 1922, art. 5246 — 2).

As noted by Mr. Justice Hall, at its next session after tbe rendition of the opinion by tbe Eighth Court of Civil Appeals in the case of C. C. Slaughter Cattle Co. v. Pastrana, 217 S. W. 749, wherein it was held that a ranch hand was not a farm laborer within the meaning of the act, the Legislature amended the act so as to specifically except “ranch laborers,” and in the emergency clause used language that strongly indicated that that body considered that the exception “farm laborers” in the original act did include ranch workers. The emergency clause (Acts 1921, e. 115) recites:

“The fact that this act as now construed by the courts applies to actions to recover damages for the personal injuries of, and for death resulting from personal injuries sustained by ranch laborers, while actions by farm laborers and other domestic servants are exempted from its provisions; that labor upon ranches as they are now conducted, is no more hazardous employment than farm labor, and that the producers of live stock are being caused to incur much unnecessary expense for their protection, creates an emergency,” etc.

The judgment in the Slaughter Cattle Co. Case was amply supported and ruled by other issues of law. It was with apparent reluctance that the honorable Court of Civil Appeals followed the holding in that case-upon this issue in the instant case.

Considering the general purpose of the act, and by giving to the exception of “domestic servants” and “farm laborers” their broad and general meaning, independent of the view expressed by a succeeding Legislature, we think the words “farm laborers” legitimately include, and were intended to include, ranch laborers.

It must be conceded that the defenses of contributory negligence and assumed risk remain to plaintiff in error, unless they are taken away and denied by the statute. The statute takes away these defenses from all employers except those enumerated in section 2 (article 5246 — 2) of the act. Section 2 is a positive affirmation within the enacting clause of the act reserving these defenses to the employers of the laborers therein mentioned, and should be construed with a view to effect its object. As has often been stated, a statute must be given that meaning which will comport with the intention of the Legislature.

“Agriculture,” as defined by Webster, is:

The “art or science of cultivating the ground, including harvesting of crops and rearing and management of live stock; husbandry; farming; in a broader sense, the science and art of the production of plants and animals useful to man.”

He defines “farm”—

“Orig. a piece of land held under lease for the purpose of cultivation; hence any tract of land (whether consisting of one or more parcels) devoted to agricultural purposes, including the production .of crops and generally of animals, under the management of the tenant or the owner.”

A farm, then, originally wás a lease or letting or farming out of land for a specified term and a fixed amount for these purposes. Webster then further defines it, “Hence a plot or tract of land devoted to the raising of domestic or other animals.”

He defines “farm,” the verb, “to produce crops and animals on a farm.”

He defines “farmer,” “one who conducts or manages a farm; » * * a stock farmer.”

He defines “ranch,” “(2) Loosely a farm, esp. of large size;” and “rancho,” “(2) A large grazing farm; a ranch.”

The Standard Dictionary defines “ranch”:

“(1) (Western U. S.) An establishment for rearing or grazing cattle and other stock in large herds; as a sheep ranch; a cattle ranch. (2) A farm; the, original meaning.”

In connection with the definition of farm, Bouvier’s Law Dictionary quotes the following:

“A large tract or portion of land taken by a lease under a yearly rent payable by the tenant. Tomlin, Law Diet.
“From this latter sense is derived its common modern signification pf a large tract used for cultivation ■ or • other, purposes, as raising stock, whether hired or owned by the occupant, including a messuage with outbuildings, gardens, orchard, yard, etc. ’ Blowd. 195, Touehst. 93.”

From the general context of the act we think it was the purpose and intention of the Legislature in enacting this law to make a distinction as between agricultural pursuits generally and those of a more hazardous nature.

The Legislature of Texas, by excepting “domestic servants” and “farm laborers” [222]*222from the operation of the Workmen’s Compensation Act, has exempted the farming •and agricultural industry from the operation •of the law. Since we find that the general meaning of the word “farm” includes the ranch, and “farming” includes ranching and rearing of domestic animals, and it being the purpose to except such industry, it seems reasonable to conclude that ranch laborers were included in the exception exempting domestic servants and farm laborers.

The Supreme Court of California, while commenting upon the meaning to be given to the word “farming” used • in the clause excluding that industry from the operation of the Workmen’s Compensation Act, said: •

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Bluebook (online)
257 S.W. 220, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gordon-v-buster-tex-1923.