Durham v. Wichita Falls & S. R.

LESLIE, Chief Justice.

This is a suit by R. L. Durham against the Wichita Falls & Southern Railroad Company for damages accruing to him by reason of the fraud of the defendant in preventing him from instituting and maintaining his suit (within the time prescribed by the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq.) for damages resulting from an injury sustained by him on March 30, 1927, while in the employment of the defendant. Recovery in the trial court was contested by the defendant on four different grounds: (1) Because the measure of damages was too conjectural; (2) because…