LANG v. TEXAS & P. RY. CO.

No. 78-3383.

624 F.2d 1275 (1980)

Jean LANG, Plaintiff-Appellee, v. TEXAS & PACIFIC RAILWAY COMPANY and Missouri-Pacific Railroad Company, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 20, 1980.


Attorney(s) appearing for the Case

Jack W. Flock, Mike Hatchell, Tyler, Tex., for defendants-appellants.

Franklin Jones, Jr., Marshall, Tex., for plaintiff-appellee.

Before FAY, KRAVITCH and RANDALL, Circuit Judges.


KRAVITCH, Circuit Judge.

Following a jury trial in this wrongful death action filed pursuant to the Federal Employers Liability Act (FELA), judgment was rendered for the plaintiff, the decedent's widow and personal representative. Inter alia the appellants, Texas & Pacific Railway Company and Missouri & Pacific Railway Company, on appeal attack: (1) capacity of appellee to sue; (2) sufficiency of the evidence; (3) refusal of the court to instruct the...

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