Allen J. Scott v. Atchison

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.