THOMAS v. KANSAS CITY SOUTHERN RAILWAY COMPANY

No. 6127.

305 S.W.2d 642 (1957)

Cecil A. THOMAS, Appellant, v. The KANSAS CITY SOUTHERN RAILWAY COMPANY, Appellee.

Court of Civil Appeals of Texas, Beaumont.

Rehearing Denied October 9, 1957.


Attorney(s) appearing for the Case

Jacobs & Schmidt, Houston, Harold Petreson, Beaumont, for appellant.

Orgain, Bell & Tucker, Beaumont, for appellee.


ANDERSON, Justice.

While working for appellee railway company as a brakeman, appellant fell from the side of a moving gondola car and was injured. This occurred about 2:50 a. m., on October 16, 1955, while both the appellant and the appellee were engaged in interstate commerce. Appellant, who will also be referred to as plaintiff, brought suit for damages, charging the defendant with both negligence and a violation of the...

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