Rivera v. Atchison, Topeka and Santa Fe Railway Co.

Upon consideration of motion for rehearing, the original opinion is withdrawn and the following is substituted therefor.

COMPTON, Chief Justice.

This is an action for damages brought under the provisions of the Federal Employers’ Liability Act, as amended, 45 U.S. C.A. § 51 et seq., in which it is alleged appellant negligently failed to provide appellee a safe place to work. The pertinent provisions read:

§ 51. “Every common carrier by railroad while engaging in commerce between any of the several States * * * shall be liable in damages to any person suffering injury while he is employed by such…