Bender v. Southern Pacific Transportation Co.
Texas Supreme Court
1Opinion of the Court
GARWOOD, Justice.
Hubbard Stallworth Bender brought this suit against Southern Pacific Transportation Company under the Federal Employers’ Liability Act, 45 U.S.C.A. Section 51 (1972) [“FELA”], for damages sustained when he jumped from a moving railroad car which had derailed. The jury found that Southern Pacific was negligent in not properly inspecting a switch and that Southern Pacific did not fail to furnish Bender a reasonably safe place in which to work or reasonably safe equipment with which to work. The trial court rendered judgment for Bender on the finding of negligent failure to…
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