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MITCHELL v. MISSOURI-KANSAS-TEXAS R. CO.

No. 01-86-00564-CV.

743 S.W.2d 666 (1987)

Haskell W. MITCHELL, Appellant, v. MISSOURI-KANSAS-TEXAS RAILROAD COMPANY, Appellee.

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

Rehearing Denied January 28, 1988.

Attorney(s) appearing for the Case

W. Douglas Matthews, Timothy F. Lee, Schmidt & Matthews, Houston, for appellant.

Gay C. Brinson, Jr., Brock C. Akers, Vinson & Elkins, Houston, for appellee.

Before WARREN, DUGGAN and LEVY, JJ.

OPINION

WARREN, Justice.

This is an appeal from a take-nothing judgment in an F.E.L.A. case.

In two points of error, appellant claims that the trial court erred in submitting, over his objection, the following instruction to Special Issue No. 3:

In answering this issue, you are instructed that, before negligence, if any, can be established against the Defendant, [sic] Railroad, it must be shown that the Defendant Railroad, through its officers...

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