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NEVAREZ v. MISSOURI PACIFIC RAILROAD COMPANY

No. 3690.

333 S.W.2d 394 (1960)

Amalio S. NEVAREZ, Appellant, v. MISSOURI PACIFIC RAILROAD COMPANY, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied March 24, 1960.

Attorney(s) appearing for the Case

Brady, Drake & Yates, Dallas, for appellant.

Dickens & Dickens, Marlin, for appellee.

McDONALD, Chief Justice.

Plaintiff Nevarez, a section hand for the Missouri Pacific Railroad, defendant, brought this suit against his employer under the provisions of the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq., to recover damages resulting from injuries he received to his back on or about 26 September 1957, while undertaking to align a portion of defendant's railroad track. Trial was to a jury which, in answer to special issues, found:

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