MISSOURI PACIFIC RAILROAD COMPANY v. MENDOZA

No. 3739.

337 S.W.2d 622 (1960)

MISSOURI PACIFIC RAILROAD COMPANY, Appellant, v. Frank G. MENDOZA, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied July 29, 1960.


Attorney(s) appearing for the Case

Arterbury, Hoover & Graham, Houston, for appellant.

James H. Campbell, Hill, Brown, Kronzer & Abraham, Robert L. Steely, Houston, for appellee.


TIREY, Justice.

This is a negligence case. Plaintiff grounded the action under the provisions of Section 51 et seq., of 45 U.S.C.A., (Federal Employers' Liability Act) and the amendments thereto. Defendant entered a general denial and by trial amendment specially plead that plaintiff was negligent and that such negligence was a proximate cause of his injuries, in that plaintiff failed to get in a proper position before attempting to raise the brake shoe and lift it...

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