Scott v. Atchison, Topeka & Santa Fe Railway Co.

DANIEL, Justice.

This appeal involves the adequacy of issues and instructions submitted to the jury in a personal injury suit brought under the Federal Employers’ Liability Act, 45 U.S. C.A., § 51 et seq. Plaintiff, Allen J. Scott, alleged that his injuries were caused by negligent acts of his employer, The Atchi-son, Topeka and Santa Fe Railway Company, while he was in the course and scope of his employment as a brakeman. Scott’s injuries occurred when a freight train derailed at a portion of the roadbed which was washed out by a heavy rainstorm. Based upon an answer favorable to the…