HORN v. ATCHISON, TOPEKA AND SANTA FE RAILWAY CO.

No. 7645.

519 S.W.2d 894 (1975)

Ted P. HORN, Appellant, v. The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Appellee.

Court of Civil Appeals of Texas, Beaumont.

Rehearing Denied March 6, 1975.


Attorney(s) appearing for the Case

R. Jack Ayres, Jr., Richardson, Kelsoe & Paternastro, Dallas, for appellant.

Ervin A. Apffel, Jr., Robert A. Parmelee, Galveston, for appellee.


KEITH, Justice.

Plaintiff below appeals from a take-nothing judgment rendered in his suit brought under the provisions of the Federal Employers' Liability Act [hereinafter FELA], 45 U.S.C.A. §§ 51 and 53, and we will designate the parties as they appeared in the trial court.

Plaintiff was employed as a brakeman by defendant and, while attempting to close an anglecock upon a boxcar in the train, sustained an injury to his back for which he sought...

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