Allen J. Scott v. Atchison Book Reviews

Allen J. Scott v. Atchison by En Banc Court of Criminal Appeals of Texas Book Summary

The plaintiff, Allen J. Scott, contends that since this suit was brought under the Federal Employers Liability Act, 45 U.S.C.A., ? 51 et seq., his substantive rights are governed by federal law and cannot be interfered with, lessened or destroyed by a State rule of practice or procedure. Arnold v. Panhandle & Santa Fe Ry. Co., 353 U.S. 360, 77 S. Ct. 840, 1 L. Ed. 2d 889 (1957); Rogers v. Missouri Pacific R.R. Co., 352 U.S. 500, 77 S. Ct. 443, 1 L. Ed. 2d 493 (1957); Brown v. Western Railway of Alabama, 338 U.S. 294, 70 S. Ct. 105, 94 L. Ed. 100 (1949); Texas & Pac. Ry. Co. v. Younger, 262 S.W.2d 557 (Tex.Civ.App.1953, writ refd n. r. e.); 79 A.L.R.2d 553, 559. We agree with this basic premise. We do not agree, however, that any of the plaintiffs substantive rights have been denied by this remand for a new trial in accordance with the Texas Rules of Civil Procedure.

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