St. Louis Southwestern Railway Company of Texas v. R. A. Richardson

DAWKINS, District Judge.

Plaintiff (appellee) brought this action under the Federal Safety Appliance Act 1 and the Federal Employers’ Liability Act 2 seeking recovery for alleged injuries sustained while in the performance of his duties as a switchman for the appellant in its Texarkana yards on December 1, 1950. He alleged that while attempting to set a hand brake on a box car, the brake rod broke and he was thrown violently over the wheel and against the end of the car,, causing injury particularly to his lower back.

■ The evidence discloses that the car upon which the alleged áccident…