ROE v. PORT TERMINAL R. R. ASS'N

No. A2554.

620 S.W.2d 870 (1981)

J. C. ROE, Appellant, v. PORT TERMINAL RAILROAD ASSOCIATION, Appellee.

Court of Civil Appeals of Texas, Houston (14th Dist.).

Rehearing Denied September 10, 1981.


Attorney(s) appearing for the Case

Tom R. Letbetter, George Payne, Garrett, Letbetter & Payne, Houston, for appellant.

Daniel O. Goforth, Kyle M. Rowley, Sewell & Riggs, Houston, for appellee.

Before J. CURTISS BROWN, C. J., and MILLER and PAUL PRESSLER, JJ.


J. CURTISS BROWN, Chief Justice.

This is a suit arising under the Federal Employer's Liability Act (FELA) brought for injuries allegedly caused by a violation of the Safety Appliance Acts (SAA). The controlling question is whether a grab iron which has as little as one-half inch movement or "play" should be regarded as insecure within the meaning of Sections Four and Eleven of the SAA and hence violative of such provisions as a matter of law, or whether a fact...

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