PORT TERMINAL RAILROAD ASSOCIATION v. ROSS

No. 12773.

278 S.W.2d 227 (1955)

PORT TERMINAL RAILROAD ASSOCIATION, Appellant, v. Oliver ROSS, Appellee.

Court of Civil Appeals of Texas, Galveston.

Rehearing Denied April 28, 1955.


Attorney(s) appearing for the Case

Andrews, Kurth, Campbell & Bradley, C. F. Morse, and Raymond A. Cook, Houston, for appellant.

Mandell & Wright, and Ben N. Ramey, Houston, for appellee.


CODY, Justice.

This was a suit by a railroad section hand to recover damages for an injury to his back which occurred while plaintiff was attempting to tilt a 55-gallon oil drum in preparation for pouring oil into a smaller can to be used in filling lamps which in turn were to be used to light the switching yard or terminal tracks of defendant. Plaintiff expressly brought his action under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq. Though defendant...

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