MISSOURI-KANSAS-TEXAS RAILWAY COMPANY v. HEARSON

No. 407-69.

422 F.2d 1037 (1970)

MISSOURI-KANSAS-TEXAS RAILWAY COMPANY, a corporation, Appellant, v. Oscar HEARSON, Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied April 14, 1970.


Attorney(s) appearing for the Case

James J. Lysaught, Kansas City, Kan. (James R. Goheen, Kansas City, Kan., on the brief) for appellant.

Payne H. Ratner, Jr., Wichita, Kan., (Richard R. Barnes, Wichita, Kan., on the brief) for appellee.

Before MURRAH, Chief Judge, and HILL and HICKEY, Circuit Judges.


HILL, Circuit Judge.

This personal injury suit was brought by appellee Hearson against appellant railroad, known as the Katy, pursuant to the Federal Employers' Liability Act, 45 U.S.C. § 51, et seq. The trial court determined as a matter of law that Hearson was an employee of the Katy for purposes of a FELA action, and the questions of the employer's negligence and of proximate cause were submitted to the jury. The jury awarded appellee Hearson $7,500...

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