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MISSOURI PACIFIC RAILROAD COMPANY v. YARBROUGH

No. 3761.

336 S.W.2d 884 (1960)

MISSOURI PACIFIC RAILROAD COMPANY, Appellant, v. Olen M. YARBROUGH, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied June 23, 1960.

Attorney(s) appearing for the Case

Dickens & Dickens, Marlin, for appellant.

Bruce Allen, Waxahachie, Hill, Brown, Kronzer & Abraham, Bill Allen, Houston, for appellee.

WILSON, Justice.

Plaintiff in this F. E. L. A., 45 U.S.C.A. § 51 et seq., case alleged injuries sustained when a jack slipped or "shot" while he was working on defendant's track. Liability is not in issue. Defendant says the $72,000 damages found by the jury is excessive.

Plaintiff was 37 years of age with a life expectancy of 32 years. He had a fifth grade education. Lost earnings to time of trial approximated...

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