ATCHISON, T. & S. F. RY. CO. v. SCOTT

No. 7791.

551 S.W.2d 740 (1977)

The ATCHISON, TOPEKA & SANTA FE RAILWAY CO., Appellant, v. Allen J. SCOTT, Appellee.

Court of Civil Appeals of Texas, Beaumont.

Rehearing Denied February 17, 1977.


Attorney(s) appearing for the Case

Chilton O'Brien, Beaumont, for appellant.

J. Donald Bowen, Houston, for appellee.


KEITH, Justice.

On rehearing, our prior opinion is withdrawn and this opinion substituted in lieu thereof.

Defendant below appeals from an adverse judgment rendered after a jury trial. Plaintiff below brought suit under the Federal Employers' Liability Act [45 U.S.C.A. § 51] to recover for personal injuries sustained while in the course and scope of his employment with defendant when a train derailed.

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