Mosby v. Texas & P. Ry. Co.

SUTTON, Justice.

This appeal is from the District Court of Hudspeth County.

The appellant was plaintiff below and the pai'ties will be designated as in the trial court. The plaintiff sued the defendant to recover for personal injuries under the Federal Employers’ Liability Act, 45 U.S. C.A. § 51 et seq. The trial was to the court and jury. On a favorable verdict, judgment was rendered for the defendant, from which the plaintiff has appealed.

Plaintiff alleged four specific grounds of negligence, to-wit: Failure to properly inspect the railroad track to determine if it were in a reasonably safe…