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

*741KEITH, 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On rehearing, our prior opinion is withdrawn and this opinion substituted in lieu thereof.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 sustained while in the course and scope of his employment with defendant when a train derailed.

Plaintiff alleged, in very general terms, that his injuries were caused in whole or in part by the negligence of the defendant in failing to provide him with a reasonably safe place to work. Three…