Missouri Pacific Railroad v. Star City Gravel Co.

MEMORANDUM OPINION

ROY, District Judge.

James D. West, employee of plaintiff Missouri Pacific Railroad Company, allegedly sustained injuries when plaintiff’s train made an emergency stop to avoid striking a tractor-trailer rig which had stalled dangerously close to the railroad tracks. West was riding in the caboose of the train and acting within the scope of his employment at the time of the incident. The tractor-trailer rig was owned by Star City Gravel Company and driven by its employee, Tilmon A. Adams. Under authority of the Federal Employers’ Liability Act, 45 U.S. C.A. § 51, et seq.,…