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A.T. & S.F. RY. CO. v. O'MERRY

No. 01-85-00015-CV.

727 S.W.2d 596 (1987)

ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Appellant, v. James Marvin O'MERRY, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Denied March 12, 1987.

Attorney(s) appearing for the Case

James L. Ware, Otto D. Hewitt, III, McLeod, Alexander, Powel & Apffel, Galveston, for appellant.

Carlos Garza Martin, Carmona, Cruse, Garza & Bunce, Galveston, for appellee.

Before SAM BASS, KEITH and DUGGAN, JJ.

OPINION

SAM BASS, Justice.

The appellee, James Marvin O'Merry, brought this F.E.L.A. action against appellant, Atchison, Topeka and Santa Fe Railway Company ("Santa Fe"), alleging that he sustained back injuries while working as a brakeman for Santa Fe. The case was tried to a jury, which awarded O'Merry a total sum of $606,000 as damages, but that award was reduced to $454,500 because of the jury's finding that O'Merry was 25% negligent. The recovery was...

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