Missouri-Kansas-Texas Railroad v. Bruton

GANNON, Justice.

Suit under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq., by Jesse Bruton against Missouri-Kansas-Texas Railroad Company of Texas, his employer, to recover for personal injuries sustained on October 30, 1952; when a railroad motor car operated by Bruton, a section foreman, along a passing track on defendant’s line near the Katy, Texas, depot in Harris County, Texas, ran into an open switch which was set closed to the passing track and open to a connecting rice mill industrial track.

Trial to a jury on special issues under the comparative negligence doctrine…