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ATCHISON, TOPEKA AND SANTE FE v. BROWN

No. 11-87-178-CV.

750 S.W.2d 332 (1988)

The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Appellant, v. Larry V. BROWN, Appellee.

Court of Appeals of Texas, Eastland.

Rehearing Denied June 9, 1988.

Attorney(s) appearing for the Case

Brad G. Repass, John L. Yates and John B. Lay, Hudson, Keltner, Smith, Brants & Sparks, Ft. Worth, and Zollie C. Steakley, Sweetwater, for appellant.

J. Donald Bowen and David R. Miller, Helm, Pletcher, Hogan, Bowen & Saunders, Houston, and R. Temple Dickson, Moore, Dickson, Roberts & Ratliff, Inc., Sweetwater, for appellee.

OPINION

McCLOUD, Chief Justice.

The issue in this suit is whether, under the Federal Employers' Liability Act (FELA), 45 U.S.C.A. sec. 51 et seq. (West 1986), a party may challenge the granting of a new trial in an appeal from the judgment rendered after a subsequent trial.

Larry V. Brown sued his employer, the Atchison, Topeka and Santa Fe Railway Company (Santa Fe), alleging that he was injured while working for Santa Fe. Following a jury trial on...

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