Legal Opinion

Missouri Pacific Railroad v. Roberts

Texas Court of Appeals, 11th District (Eastland)

Decided January 28, 1993No. 11-91-228-CVPublishedCited by 6 opinions

1Opinion of the Court

McCLOUD, Chief Justice.

Frank C. Roberts sued his employer, Missouri Pacific Railroad Company, for personal injuries under the Federal Employers’ Liability Act (FELA), 45 U.S.C.A. § 51 et seq. (West 1986). The jury found that Missouri Pacific failed to provide the plaintiff with a reasonably safe switch at the time of the injury. Judgment was entered in favor of the plaintiff for $1,321,018. Missouri Pacific appeals. We affirm.

On December 11, 1987, while working as a brakeman on the defendant’s train, the plaintiff injured his back while attempting to “throw” a switch. The plaintiff sustained…

2Cases cited12 opinions

  1. Pool v. Ford Motor Co.Texas Supreme Court · 1986
  2. Rogers v. Missouri Pacific RailroadSupreme Court of the United States · 1957
  3. Dice v. Akron, Canton & Youngstown RailroadSupreme Court of the United States · 1952
  4. Western & Atlantic Railroad v. HughesSupreme Court of the United States · 1929
  5. Texas Cookie Co. v. Hendricks & Peralta, Inc., Texas Court of Appeals, 13th District1988

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3Cited by6 opinions

  1. Yauch v. Southern Pacific Transportation Co.Court of Appeals of Arizona · 2000
  2. Oakwood Mobile Homes, Inc. v. Cabler, Texas Court of Appeals, 8th District (El Paso)2002
  3. In Re Sears, Roebuck and Co., Texas Court of Appeals, 9th District (Beaumont)2004
  4. Johnson v. City of Houston, Texas Court of Appeals, 14th District (Houston)1996
  5. Houston Lighting & Power Co. v. Atchison, Topeka & Santa Fe Railway Co., Texas Court of Appeals, 6th District (Texarkana)1993

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