Hammon v. Texas & New Orleans Railroad Company

MOORE, Justice.

This is an action by E. F. Hammon, a brakeman, to recover damages under the Federal Employers’ Liability Act, 45 U.S. C.A. § 51 et seq., by reason of a derailment of the switch engine on which he was riding while engaged in the performance of his duties as a brakeman. Upon the trial of the cause, the jury returned a verdict for the defendant. Based upon the verdict the court entered judgment in favor of the railroad company, to which plaintiff duly perfected this appeal.

The pertinent portion of the plaintiff’s pleadings, alleging negligence on the part of the defendant was as…