Texas & N. O. R. v. Pool

This opinion (other than minor clianges made necessary in transforming it into a dissent) was initially prepared to be the opinion of the court in this easel

This appeal is from a judgment favorable to appellee, as plaintiff, in an action under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51.

■Appellee, a locomotive engineer employed more than 31 years by appellant Railway Company, was injured on 3 August,' 1951, when he fell backward while crossing the outbound engine house tracks in the Ennis, Texa’s, yards of appellant, striking his back on the steel rail of the track. At the time of…