TEXAS AND PACIFIC RAILWAY COMPANY v. JONES

No. 19119.

298 F.2d 188 (1962)

The TEXAS AND PACIFIC RAILWAY COMPANY, Appellant, v. Edward E. JONES, Appellee.

United States Court of Appeals Fifth Circuit.

January 12, 1962.


Attorney(s) appearing for the Case

Gerry N. Wren, Dallas, Tex., for appellant.

Warren Burnett and Lee Arnett, Odessa, Tex., for appellee.

Before BROWN, WISDOM and BELL, Circuit Judges.


JOHN R. BROWN, Circuit Judge.

This FELA1 case raises but two questions of any real substance. The first concerns the sufficiency of the evidence to support the implied finding of a failure to keep a proper lookout. The second is whether the Court properly charged the jury concerning the basic defense that Jones, the injured employee, was a mere volunteer not acting in the scope of his employment at the time of his injury. We find no error...

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