TEXAS & N. O. RY. CO. v. TINER

No. 4994.

262 S.W.2d 769 (1953)

TEXAS & N. O. RY. CO. v. TINER.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied November 25, 1953.


Attorney(s) appearing for the Case

Kemp, Smith, Brown, Goggin & White, El Paso, Baker, Botts, Andrews & Parish, Houston, for appellant.

John J. Watts, Odessa, for appellee.


McGILL, Justice.

Appellee as plaintiff sued appellant as defendant to recover damages for the death of her husband, Troy D. Tiner, a railroad brakeman who was killed in a wreck of appellant's train which was derailed as it went around a sharp curve in Hudspeth County, Texas. Trial was to a jury, which in answer to special issues found both Troy D. Tiner, the deceased, and defendant, guilty of negligence proximately causing the accident, and fixed plaintiff's total...

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