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

KEITH, Justice.

Plaintiff below appeals from a take-nothing judgment rendered in his suit brought under the provisions of the Federal Employers’ Liability Act [hereinafter FELA], 45 U.S.C.A. §§ 51 and 53, and we will designate the parties as they appeared in the trial court.

Plaintiff was employed as a brakeman by defendant and, while attempting to close an anglecock upon a boxcar in the train, sustained an injury to his back for which he sought damages. At the conclusion of the evidence, the trial court submitted five basic issues against the defendant: No. 1. Did plaintiff sustain an injury…