E. C. Messer and Texas Employers' Insurance Association v. L. B. Foster Company, Inc.

JOHN R. BROWN, Circuit Judge.

This appeal from a judgment on a general verdict for the defendant presents the narrow question whether the Court erred in not giving an explanatory instruction on concurrent negligence of the defendant’s servant and the co-employee of the plaintiff. The case is the now familiar one in which the plaintiff (Mess-er) injured while in the course of employment for his employer (Jones) sues a so-called third party (Foster) for the negligence of his (Foster’s) servants.

For our purposes, even indulging the inferences most favorably to the plaintiff, the setting can be…