Missouri Pacific Railroad Company v. Rhoden

WERLEIN, Justice.

Appellee, David H. Rhoden, Jr., filed this suit under the provisions of the Federal Employers’ Liability Act (45 U.S.C.A. Sec. 51 et seq.), seeking to recover damages for personal injuries sustained by him on or about January 28, 1954, while in the employ of Guy A. Thompson, Trustee, Beaumont, Sour Lake & Western Railway Company. Prior to the cause coming on for trial on March 12, 1957, the Missouri Pacific Railroad Company assumed all of the assets and liabilities of the defendant, Guy A. Thompson, Trustee, and was substituted as party-defendant.

Appellee alleged and offered…