TEXAS MEXICAN R. CO. v. BUNN

No. 12565.

264 S.W.2d 518 (1953)

TEXAS MEXICAN R. CO. v. BUNN.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied February 10, 1954.


Attorney(s) appearing for the Case

Carl Wright Johnson, Nat L. Hardy, San Antonio, Elmore H. Borchers, Laredo, for appellant.

Raymond, Algee, Alvarado, Kazan & Woods, Laredo, Lieck & Lieck, Robert R. Murray, San Antonio, for appellee.


NORVELL, Justice.

This is a railway crossing collision case. By its first point, the appellant railroad company asserts its principal contention that appellee was guilty of contributory negligence as a matter of law. As counter thereto, appellee says that his evidence supports the theory that the appellant's Diesel switch engine silently and without warning emerged from the darkness of the night into the street immediately in front of appellee's automobile, and thus...

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