[DOWNLOAD] "Richard Thate v. Texas & Pacific Railway Co." by Supreme Court of Texas * Book PDF Kindle ePub Free
eBook details
- Title: Richard Thate v. Texas & Pacific Railway Co.
- Author : Supreme Court of Texas
- Release Date : January 23, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 77 KB
Description
This is a suit for personal injuries sustained by Richard Thate, appellant, when, in order to avoid a falling stanchion which was used to stabilize trucks transported by the railroad, he jumped to the ground from a flatbed railroad car owned by appellee, Texas & Pacific Railway Company. Thate sought recovery on the following alternative theories: 1) strict liability under the Federal Safety Appliance Act, 45 U.S.C.A. ?? 1-43 (1972 & Supp. 1979) and negligence, both pursuant to the Federal Employers Liability Act, 45 U.S.C.A. ?? 51-60 (1972); 2) common law negligence as to a third party, as provided in the Texas Workers Compensation Act, TEX. REV. CIV. STAT. ANN. art. 8307, ? 6a (Vernon Supp. 1980); and 3) strict Liability in tort. The jury found the railroad liable under each theory, but also found Thate negligent on one ground. Accordingly, comparative negligence was assessed at 20% to Thate and 80% to the railroad. After reviewing each partys motion for judgment, the trial court granted the railroads motion for judgment notwithstanding the verdict and rendered a take-nothing judgment against Thate. By his single point of error, Thate challenges that judgment. We hold that there was evidence of probative value supporting the jurys verdict of common law negligence, and, therefore, that the trial court erred in granting judgment notwithstanding the verdict. Accordingly, we reverse and render.