Purnell v. Missouri Pacific Ry. Co.

Neill Bohlinger, Associate Justice.

The appellant brought this action alleging that as an employee of the appellee railroad he was injured in the course of his employment through the negligence of appellee and sought damages under the Federal Employer’s Liability Act [commonly referred to as FELA].

The trial resulted in a verdict for the appellee and the appellant prosecutes this appeal, presenting an abbreviated record and relying upon the following points:

“Appellee’s Instruction No. 3 was prejudicially erroneous in (1) instructing in terms of common-law proximate causation instead of the much…