St. Louis Southwestern Railway Co. v. Marks

BLEIL, Justice.

Sylvester Marks, Jr. sued his employer, St. Louis Southwestern Railway Company, under the Federal Employers’ Liability Act, 45 U.S.C.A. §§ 51-60 (1986), for damages based on injuries he received while working for the Railway. A jury found Marks thirty percent negligent and the Railway seventy percent negligent. The Railway appeals the judgment.

The Railway presents two points of error, both of which challenge the propriety of explanatory instructions submitted in conjunction with two questions contained in the jury charge. Both instructions concern the Railway’s duty to use…