Lena E. Whitley v. Texas & Pacific Railway Company

In this FELA ease the jury rendered a verdict in favor of the defendant railway company. The plaintiff’s appeal rests on the district court’s alleged error (1) in failing to give instructions specifically embodying the plaintiff’s theory of recovery and (2) in allowing evidence showing that there had been no accidents in the past where the accident had occurred.

We have considered carefully the trial judge’s instructions to the jury. We find that the instructions are sufficiently specific to charge the jury correctly as to the plaintiff’s theory of the case. This is all the law requires.

There…