Nichols v. Red Arrow Freight Lines

On Motion for Rehearing

CHADICK, Chief Justice.

In the opinion handed down January 10, 1957, this case was reversed and remanded, Mr. Justice FANNING dissenting. On motion for rehearing the majority of the Court as it is now constituted has concluded that the case should be affirmed.

Suit was brought by W. A. Nichols, a roadmaster of the M-K-T Railroad Company of Texas, against the Red Arrow Freight Lines in a common law negligence action combined with a statutory action under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq., against his employer, the M-K-T. On answer by the *744jury…