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PORT TERMINAL RAILROAD ASS'N v. JONES

No. 04-01-00042-CV.

82 S.W.3d 126 (2002)

PORT TERMINAL RAILROAD ASSOCIATION, Appellant, v. Michael JONES, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled May 29, 2002.

Attorney(s) appearing for the Case

Gordon A. Holloway, Kyle M. Rowley, Holloway & Rowley, P.C., Houston, for Appellant.

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

Daniel Saphire (ADL), Louis P. Warchot, Ass'n of American RR's, Washington, DC, for Appellee.

James L. Walker (ADL), Leo D. Figueroa, Jackson Walker, L.L.P., San Antonio, for Appellee.

Sitting: PHIL HARDBERGER, Chief Justice, PAUL W. GREEN, Justice, SARAH B. DUNCAN, Justice.

Opinion by SARAH B. DUNCAN, Justice.

Port Terminal Railroad Association appeals the judgment in favor of Michael Jones in his suit under the Federal Employer's Liability Act for violations of the Safety Appliance Act. We hold there is no evidence of a precondition of liability—that the train was "in use" at the time of the accident—and therefore reverse the trial court's judgment and render judgment in the PTRA's favor.

Factual and Procedural...

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