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BOWERS & KELLY v. TEXAS & PACIFIC RAILWAY COMPANY

No. 5077.

275 S.W.2d 166 (1954)

BOWERS & KELLY, a co-partnership, Appellants, v. TEXAS & PACIFIC RAILWAY COMPANY, Appellee.

Court of Civil Appeals of Texas, El Paso.

November 24, 1954.

Attorney(s) appearing for the Case

John P. Dennison and Henry Russell, Pecos, for appellants.

Hill D. Hudson, Pecos, for appellee.

McGILL, Justice.

This case arose from a collision between an eastbound train of appellee, Texas & Pacific Railway Company, and a piece of land leveling equipment known as a land plane, at a railroad crossing. The suit was filed by the Texas & Pacific Railway Company as plaintiff against Bowers & Kelly, a co-partnership, as defendants. The defendants were the owners of the land plane and were in charge of it when the collision occurred. The plaintiff sought...

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