Najera v. Southern Pacific Co.

This case raises a question of first impression in this state: Is a railroad employer liable to an injured employee pursuant to the terms of the Federal Employers’ Liability Act (45 U.S.C.A. § 51 et seq.) for injuries proximately caused by the employer’s negligent employment and retention in employment of a person of violent and dangerous propensities? Since we sustain such liability we believe that the trial court’s judgment on the pleadings should he reversed and appellant allowed to submit proof of the employer’s negligence and its causal relation to appellant’s injuries.

Appellant…