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NIX v. KANSAS CITY SOUTHERN RY. CO.

Nos. 84-2721, 84-2722.

776 F.2d 510 (1985)

Walter Harris NIX, Plaintiff-Appellee, v. KANSAS CITY SOUTHERN RAILWAY COMPANY, Defendant-Appellant. A.L. STEIFER, III, Plaintiff-Appellee, v. KANSAS CITY SOUTHERN RAILWAY COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 13, 1985.

Attorney(s) appearing for the Case

Mehaffy, Weber, Keith & Gonsoulin, Daniel V. Flatten, Beaumont, Tex., Mehaffy, Weber, Keith & Gonsoulin, Brian R. Davis, Austin, Tex., Wheeler, Gooding & Dodson, William C. Gooding, Texarkana, Tex., for defendant-appellant.

Lovelace & Thompson, Inc., Joe B. Lovelace, Linden, Tex., for plaintiff-appellee W. Nix.

Charles T. Attaway, Texarkana, Tex., for plaintiff-appellee A. Steifer.

Before GARWOOD, HIGGINBOTHAM and DAVIS, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge.

In this FELA case, we conclude that the district court erroneously instructed the jury to find the defendant "at least one percent" negligent for the railroad accident from which the claim arose. Accordingly, we reverse and remand for a new trial.

I

On November 16, 1981, the plaintiffs, along with two other men named Geiman and Phillips, were serving as crew members on a train operated by the defendant KCS...

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