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WHITLEY v. TEXAS & PACIFIC RAILWAY COMPANY

No. 20515.

328 F.2d 308 (1964)

Lena E. WHITLEY, Appellant, v. TEXAS & PACIFIC RAILWAY COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

February 13, 1964.

Attorney(s) appearing for the Case

L. L. Lockard, Shreveport, La., for appellant, Booth, Lockard, Jack, Pleasant & LeSage, Shreveport, La., and Eustace Edwards, Jr., Many, La., of counsel.

Charles D. Egan, Benjamin C. King, Shreveport, La., for appellee.

Before BROWN, WISDOM and BELL, Circuit Judges.

PER CURIAM.

In this FELA case the jury rendered a verdict in favor of the defendant railway company. The plaintiff's appeal rests on the district court's alleged error (1) in failing to give instructions specifically embodying the plaintiff's theory of recovery and (2) in allowing evidence showing that there had been no accidents in the past where the accident had occurred.

We have considered carefully the trial judge's instructions to the jury. We find that...

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