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

No. 10533.

310 S.W.2d 404 (1958)

MISSOURI-KANSAS-TEXAS RAILROAD COMPANY OF TEXAS, Appellant, v. Nolan Lee BUSH, Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied February 26, 1958.


Attorney(s) appearing for the Case

Wayne R. Howell, Denison, G. H. Penland, Dallas, J. S. Freels, Denison, C. B. Maynard, Bastrop, Dan Moody, Jr. and Dan Moody, Austin, for appellant.

Joe P. Hart, LaGrange, Bracewell, Reynolds & Patterson, Houston, for appellee.


GRAY, Justice.

Appellee sued appellant for damages under the Federal Employers' Liability Act, Title 45 U.S.C.A. Sec. 51 et seq., for personal injuries. He alleged that appellant owned a network of railroad lines over which it operated trains in interstate commerce; that on the night of July 26, 1953, he was acting in the course of his employment by appellant as a brakeman on a freight train and that while in the performance of his duties he was riding in the cupola...

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