Atchison, Topeka & Santa Fe Railway Co. v. Scott

551 S.W.2d 740 (1977)

The ATCHISON, TOPEKA & SANTA FE RAILWAY CO., Appellant,

v.

Allen J. SCOTT, Appellee.

No. 7791.

Court of Civil Appeals of Texas, Beaumont.

January 20, 1977.

Rehearing Denied February 17, 1977.

Chilton O'Brien, Beaumont, for appellant.

J. Donald Bowen, Houston, for appellee.

KEITH, Justice.

On rehearing, our prior opinion is withdrawn and this opinion substituted in lieu thereof.

Defendant below appeals from an adverse judgment rendered after a jury trial. Plaintiff below brought suit under the Federal Employers' Liability Act [45 U.S.C.A. § 51] to recover for personal injuries…