Bishop v. Southrail Corp.

ALMON, Justice.

This appeal is from a summary judgment for the defendants in an action filed under the Federal Employers’ Liability Act (“the FELA”). The summary judgment was entered on the basis of res judicata, but the plaintiff argues that the defendants had not filed an answer and so had not raised the affirmative defense of res judicata.

Sylvester Bishop filed this action against SouthRail Corporation, MidSouth Corporation, and Erwin Townsend, alleging that, while Bishop and Townsend were employees of SouthRail, Townsend had hit Bishop in the eye with a metal rod and injured his eye.1 The…