Court of Appeals for the Fifth Circuit November 13, 1985, 84-2721, 84-2722 (Walter Harris Nix v. Kansas City Southern Railway Company, A.L. Steifer, III v. Kansas City Southern Railway Company)

PATRICK E. HIGGINBOTHAM, Circuit Judge.

In this FELA case, we conclude that the district court erroneously instructed the jury to find' the defendant “at least one percent” negligent for the railroad accident from which the claim arose. Accordingly, we reverse and remand for a new trial.