Missouri Pacific Railroad Company v. Mendoza

TIREY, Justice.

This is a negligence case. Plaintiff grounded the action under the provisions of Section 51 et seq., of 45 U.S.C.A., (Federal Employers’ Liability Act) and the amendments thereto. Defendant entered a general denial and by trial amendment specially plead that plaintiff was negligent and that such negligence was a proximate cause of his injuries, in that plaintiff failed to get in a proper position before attempting to raise the brake shoe and lift it off of the rail, and that such negligence was the sole proximate cause of his injuries. In the alternative, defendant alleged that…