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NAIL v. WICHITA FALLS & SOUTHERN RAILROAD COMPANY

No. 15747.

294 S.W.2d 431 (1956)

E. D. NAIL, Appellant, v. WICHITA FALLS & SOUTHERN RAILROAD COMPANY, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

October 5, 1956.

Attorney(s) appearing for the Case

Spurlock, Schattman & Jacobs, and Denning Schattman, Fort Worth, for appellant.

Bullington, Humphrey, Humphrey & Fillmore, and H. W. Fillmore, Wichita Palls, for appellee.

RENFRO, Justice.

On May 19, 1952, E. D. Nail filed suit in a district court of Wichita County naming Wichita Falls & Southern Railway Company defendant. The suit was for damages for personal injuries sustained on June 9, 1949, and was brought under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq.

Citation was issued on the day of suit, addressed to Wichita Falls & Southern Railway Company. The sheriff's return showed service on Wichita...

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