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THATE v. TEXAS & P. RY. CO.

No. 20104.

595 S.W.2d 591 (1980)

Richard THATE, Appellant, v. TEXAS & PACIFIC RAILWAY CO., Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied February 28, 1980.

Attorney(s) appearing for the Case

Weldon Parkhill, Grand Prairie, Oscar Mauzy, Dallas, for appellant.

Jack Pew, Jr., Jackson, Walker, Winstead, Cantwell & Miller, Dallas, for appellee.

Before AKIN, ROBERTSON and HUMPHREYS, JJ.

ROBERTSON, Justice.

This is a suit for personal injuries sustained by Richard Thate, appellant, when, in order to avoid a falling stanchion which was used to stabilize trucks transported by the railroad, he jumped to the ground from a flatbed railroad car owned by appellee, Texas & Pacific Railway Company. Thate sought recovery on the following alternative theories: 1) strict liability under the Federal Safety Appliance Act, 45 U.S.C.A. §§ 1-43 (West...

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