Legal Opinion

Atchison, Topeka & Santa Fe Railway Co. v. O'Merry

Texas Court of Appeals, 1st District (Houston)

Decided February 5, 1987No. 01-85-00015-CVPublishedCited by 13 opinions

1Opinion of the Court

OPINION

SAM BASS, Justice.

The appellee, James Marvin O’Merry, brought this F.E.L.A. action against appellant, Atchison, Topeka and Santa Fe Railway Company (“Santa Fe”), alleging that he sustained back injuries while working as a brakeman for Santa Fe. The case was tried to a jury, which awarded O’Merry a total sum of $606,000 as damages, but that award was reduced to $454,500 because of the jury’s finding that O’Merry was 25% negligent. The recovery was further reduced by a remittitur of $240.30, so the final judgment awarded O’Merry the sum of $454,259.70.

Santa Fe’s first four points of…

2Cases cited14 opinions

  1. Rogers v. Missouri Pacific RailroadSupreme Court of the United States · 1957
  2. Tennant v. Peoria & Pekin Union Railway Co.Supreme Court of the United States · 1944
  3. Jones & Laughlin Steel Corp. v. PfeiferSupreme Court of the United States · 1983
  4. Standard Fire Insurance Co. v. ReeseTexas Supreme Court · 1979
  5. Luna v. North Star Dodge Sales, Inc.Texas Supreme Court · 1984

9 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Missouri Pacific Railroad v. Roberson, Texas Court of Appeals, 9th District (Beaumont)2000
  2. Natland Corp. v. Baker's Port, Inc., Texas Court of Appeals, 13th District1993
  3. Texas Employers Insurance Ass'n v. Puckett, Texas Court of Appeals, 1st District (Houston)1991
  4. Francis v. Cogdell, Texas Court of Appeals, 1st District (Houston)1991
  5. Hopkins County Hospital District v. AllenCourt of Appeals of Texas · 1988

8 more not listed; retrieve them via the Exa API.

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