Williams v. Southern Pacific Transportation Co.

ON MOTION FOR REHEARING

DUGGAN, Justice.

This is an appeal from a take-nothing judgment entered on a jury verdict in a personal injury case. We deny the motion for rehearing, withdraw our earlier opinion dated September 14, 1989, and issue this.

On June 22, 1981, appellant, Byron Williams, was unloading a railway hopper car filled with limestone for his employer, Radcliff Materials, Inc. (“Radcliff”). The hopper car overturned and fell on Williams and a co-worker, injuring Williams and killing the co-worker. Appellee Southern Pacific Transportation Company (“Southern Pacific”) owned the hopper…