Nevarez v. Missouri Pacific Railroad

MCDONALD, Chief Justice.

Plaintiff Nevarez, a section hand for the Missouri Pacific Railroad, defendant, brought this suit against his employer under the provisions of the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq., to recover damages resulting from injuries he received to his back on or about 26 September 1957, while undertaking to align a portion of defendant’s railroad track. Trial was to a jury which, in answer to special issues, found:

1) Plaintiff sustained injuries on 26 September 1957 while attempting to lift and shove an aligning bar on the tracks of defendant.

2) On the…