Fender v. St. Louis Southwestern Railway Co.

This is an appeal by the plaintiff from a judgment of the Circuit Court of St. Clair County dismissing his action under the Federal Employers’ Liability Act (45 U.S.C. §51 et seq., hereinafter referred to as FELA) on the basis of res judicata.

The plaintiff, Donald G. Fender, was injured on December 7, 1967, during the course of his employment as a switchman for the defendant, St. Louis Southwestern Railway Co. The occurrence out of which the action arose took place in Texas, the plaintiff was a resident of Texas, and the defendant was a Missouri corporation with its principal place of…