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DUTTON v. SOUTHERN PAC. TRANSP.

No. 6564.

561 S.W.2d 892 (1978)

Wesley T. DUTTON, Appellant, v. SOUTHERN PACIFIC TRANSPORTATION, Appellee.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied February 8, 1978.

Attorney(s) appearing for the Case

Richard T. Marshall, El Paso, Boccardo, Blum, Lull, Niland & Bell, Edward J. Niland, Jr., Stanley A. Ibler, Jr., San Jose, Cal., R. Edward Pfiester, Jr., Heber N. Teerlink, Los Angeles, Cal., for appellant.

Kemp, Smith, White, Duncan & Hammond, Jack C. Duncan, El Paso, for appellee.

OPINION

OSBORN, Justice.

This is a suit for damages for personal injuries filed pursuant to the provisions of the Federal Employers' Liability Act and the Safety Appliance Acts. Mr. Dutton, a brakeman for the Railroad Company, sustained injuries to his right knee when he stepped off a moving rail car and fell. Judgment was entered for the Railroad based upon jury findings in its favor. We affirm.

Mr. Dutton was a member of a train crew which left...

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