Texas and Pacific Railway Company v. Walter N. Buckles, Jr., and Silas R. Stanley

RIVES, Circuit Judge.

Each appellee sued separately under the Federal Employers’ Liability Act1 for injury arising out of the same accident, and the actions were consolidated for trial. Both plaintiffs were members of a yard crew on a switch engine bound for the round house and temporarily stopped by a red light, at which time another switch engine attempted to couple onto the rear thereof. The plaintiffs’ evidence, which the jury accepted, tended to prove that such coupling attempt was not one customarily made, that there was no prior warning of the impact, and that the speed of the second…