Texas & New Orleans Railroad v. Sturgeon

Mr. Judge Taylor

of the Commission of Appeals delivered

the opinion for the Court.

W. J. Sturgeon, switchman on the Texas & N. O. Railroad Company, and respondent here, recovered a personal injury judgment against the company under the Federal Employees’ Liability Act (45 U. S. C. A. pars. 51 et seq.), which was affirmed upon appeal. 177 S. W (d) 340.

The jury found that the injury of Sturgeon was proximately caused by the negligent act of Hobson, long field man, in passing from the north to the south footboard of defendant’s locomotive in Sturgeon’s pathway as the latter was attempting to mount…