ZAMORA v. THOMPSON

No. 12413.

250 S.W.2d 626 (1952)

ZAMORA v. THOMPSON.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied July 16, 1952.


Attorney(s) appearing for the Case

Rankin, Kilgore & Cherry, Edinburg, for appellant.

Strickland, Wilkins, Hall & Mills, Mission, for appellee.


POPE, Justice.

This is an appeal from a summary judgment awarded the defendant railway company in a suit brought by the plaintiff who drove into the side of a train at night.

As recited in the judgment, the trial court, in passing on defendant's motion for summary judgment, had before it the plaintiff's own deposition, the affidavits of two of plaintiff's witnesses, and certain admissions. We shall consider all matters of original negligence on the part of...

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