MISSOURI PACIFIC RAILROAD COMPANY v. CUNNINGHAM

No. 15243.

515 S.W.2d 678 (1974)

MISSOURI PACIFIC RAILROAD COMPANY, Appellant, v. J. D. CUNNINGHAM, Appellee.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied November 20, 1974.


Attorney(s) appearing for the Case

Thomas H. Sharp, Jr., Groce, Locke & Hebdon, San Antonio, Jacob G. Hornberger, Laredo, for appellant.

Helm, Jones & Pletcher, David H. Burrow, Houston, Mann, Castillon, Freed & Kazen, George P. Kazen, Laredo, for appellee.


CADENA, Justice.

This is a case arising under the Federal Employers' Liability Act (45 U.S.C.A. Sections 51-60). Defendant, Missouri Pacific Railroad Company, appeals from a judgment, based on a jury verdict, awarding plaintiff, J. D. Cunningham, $70,405.00 as compensation for injuries received by him in the course of his employment.

Defendant raises 48 points of error which, basically, raise the following: (1) Fausto J. Montemayor, one of the jurors, failed...

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