Legal Opinion

Missouri Pacific Railroad v. Schreck

Court of Appeals of Texas

Decided May 23, 1989No. 9697PublishedCited by 3 opinions

1Opinion of the Court

CORNELIUS, Chief Justice.

Floyd Schreck sued the Missouri Pacific Railroad under the Federal Employers’ Liability Act1 and the Safety Appliance Act2 to recover damages caused by an injury he received while working for the Railroad. The case was tried to the court without a jury, and judgment was rendered awarding Schreck $880,495.14.

The Railroad contends that there is no evidence or insufficient evidence to support the trial court’s findings of injury and diminished earning capacity, and that the damages are excessive. We agree that the damages are excessive in some respects, and will order a…

2Cases cited9 opinions

  1. Norfolk & Western Railway Co. v. LiepeltSupreme Court of the United States · 1980
  2. Jones & Laughlin Steel Corp. v. PfeiferSupreme Court of the United States · 1983
  3. Monessen Southwestern Railway Co. v. MorganSupreme Court of the United States · 1988
  4. Pope v. MooreTexas Supreme Court · 1986
  5. T. & P. R'y Co. v. CurryTexas Supreme Court · 1885

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3Cited by3 opinions

  1. Associated Indemnity Corp. v. CAT Contracting, Inc., Texas Court of Appeals, 13th District1996
  2. Mario Ontiveroas v. John Lozano and Samuel Medrano, Texas Court of Appeals, 14th District (Houston)2006
  3. Willie Frank Campbell v. State, Texas Court of Appeals, 10th District (Waco)2004

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