BENDER v. SOUTHERN PAC. TRANSP. CO.

No. B-8660.

600 S.W.2d 257 (1980)

Hubbard Stallworth BENDER, Petitioner, v. SOUTHERN PACIFIC TRANSPORTATION COMPANY, Respondent.

Supreme Court of Texas.

May 21, 1980.


Attorney(s) appearing for the Case

Schmidt, Matthews & Brannon, W. Douglas Matthews, Houston, for petitioner.

Baker & Botts, James Edward Maloney, John C. Allen and Philip J. John, Jr., Houston, for respondent.


GARWOOD, Justice.

Hubbard Stallworth Bender brought this suit against Southern Pacific Transportation Company under the Federal Employers' Liability Act, 45 U.S.C.A. Section 51 (1972) ["FELA"], for damages sustained when he jumped from a moving railroad car which had derailed. The jury found that Southern Pacific was negligent in not properly inspecting a switch and that Southern Pacific did not fail to furnish Bender a reasonably safe place in which to work or reasonably...

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