Dutton v. Southern Pacific Transportation

DANIEL, Justice.

The principal question on this appeal is whether the trial court erred in giving the common law definition of “proximate cause” in a personal injury suit filed pursuant to the Federal Employers’ Liability Act and the Safety Appliance Act. 1 In affirming the trial court, the Court of Civil Appeals held that inclusion of the common law definition of proximate cause along with an F.E.L.A. definition was not erroneous. 561 S.W.2d 892. We disagree and reverse and remand the case to the trial court.

The plaintiff, Wesley T. Dutton, a brakeman for the defendant railroad company,…