Taylor v. Missouri Pacific Railroad

CLEMENS, Judge.

Plaintiff Alexander Taylor, a railroad switchman, sued under the Federal Employers’ Liability Act for personal injuries from an assault by another employee. Defendant Missouri Pacific Railroad Company has appealed from judgment for plaintiff pursuant to a $20,000 verdict.

The determinative issues are whether defendant’s employee Carson was negligent in failing to report to defendant the conduct of a third employee as imperiling plaintiff’s safety and, if so, whether that failure proximately caused plaintiff’s injuries. We find against plaintiff on both issues.

Plaintiff was the…