Texas Supreme Court

H.w. Mitchell, Petitioner v. Missouri-Kansas-Texas Railroad Company, Respondent

February 21, 19901990 Tex. LEXIS 29

Summary

The Texas Supreme Court reversed the appellate court and remanded for a new trial, holding that the trial court erred by giving a jury instruction that required the plaintiff to prove foreseeability as a condition of causation under the Federal Employers' Liability Act (FELA), which violated the statute's substantive requirements. The Court also affirmed that foreseeability remains an element of the employer's duty of care under FELA.