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MISSOURI-KANSAS-TEXAS RAILROAD COMPANY v. FRANKS

No. 16647.

399 S.W.2d 905 (1966)

MISSOURI-KANSAS-TEXAS RAILROAD COMPANY, Appellant, v. Robert Lee FRANKS, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied February 25, 1966.

Attorney(s) appearing for the Case

W. A. Thie and John B. Webster, Dallas, and Elliott & Nall, Sherman, for appellant.

Helm, Jones & Pletcher, Houston, and Slagle & Kennedy, Sherman, for appellee.

DIXON, Chief Justice.

Appellee Robert Lee Franks sued appellant Missouri-Kansas-Texas Railroad Company, hereinafter called the Katy, under the Federal Employers' Liability Act, Title 45, Sections 51 and 53, U.S.C.A. for damages for personal injuries sustained June 26, 1961 when a caboose in which appellee was riding was derailed.

A jury found negligence and proximate cause issues against appellant, exonerated appellee of negligence and assessed damages

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