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MISSOURI-KANSAS-TEXAS RAILROAD CO. OF TEX. v. BRUTON

No. 12920.

290 S.W.2d 282 (1956)

MISSOURI-KANSAS-TEXAS RAILROAD COMPANY OF TEXAS, Appellant, v. Jesse BRUTON, Appellee.

Court of Civil Appeals of Texas, Galveston.

Rehearing Denied May 17, 1956.

Attorney(s) appearing for the Case

G. H. Penland, Dallas, Vinson, Elkins, Weems & Searls and C. E. Bryson and Ben H. Rice, III, Houston, for appellant.

Bonham, Stanley & Campbell, Helm, Jones, McDermott & Pletcher, and Albert P. Jones and Raymond L. McDermott, Houston, for appellee.

GANNON, Justice.

Suit under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq., by Jesse Bruton against Missouri-Kansas-Texas Railroad Company of Texas, his employer, to recover for personal injuries sustained on October 30, 1952, when a railroad motor car operated by Bruton, a section foreman, along a passing track on defendant's line near the Katy, Texas, depot in Harris County, Texas, ran into an open switch which was set closed to the passing...

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