Missouri, K. & T. Ry. Co. v. Barber

Appellee, while in the employ of appellant as a switchman, was, through the negligence of appellant’s engineer, seriously injured, which caused him to contract tuberculosis, and by which he has been damaged, for which damage he sued the appellant. Appellant answered by plea of contributory negligence and assumed risk, and further that appellee and appellant were engaged in interstate commerce, and that appellee’s cause of action arose under, and is governed by, Acts of Congress and Laws.of the United States, and not of the state of Texas. A trial resulted in a verdict and judgment for…