Thomas v. Kansas City Southern Railway Company

ANDERSON, Justice.

While working for appellee railway company as a brakeman, appellant fell from the side of a moving gondola car and was injured. This occurred about 2:50 a. m., on October 16, 1955, while both the appellant and the appellee were engaged in interstate commerce. Appellant, who will also be referred to as plaintiff, brought suit for damages, charging the defendant with both negligence and a violation of the Safety Appliance Acts, 45 U.S.C.A. §§ 1-16. A jury answered all special issues pertaining to negligence in favor of the defendant, and further found that the plaintiff fell…