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TEXAS AND PACIFIC RAILWAY COMPANY v. MIDKIFF

No. 3148.

275 S.W.2d 841 (1955)

The TEXAS AND PACIFIC RAILWAY COMPANY, Appellant, v. Jessie MIDKIFF, a widow, et al., Appellees.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied March 4, 1955.

Attorney(s) appearing for the Case

Conner & Conner, Eastland, Wagstaff, Harwell, Alvis & Pope, Abilene, for appellant.

Scarborough, Yates, Scarborough & Black, Abilene, J. Frank Sparks, Eastland, for appellees.

LONG, Justice.

On March 30, 1953, A. R. Midkiff was killed in a collision between a truck which he was driving and a Texas and Pacific Railway Company passenger train at the Lake Burnie crossing in the city limits of Cisco, Texas. Jessie Midkiff, his surviving wife, filed this suit against The Texas and Pacific Railway Company to recover damages for his death. Thereafter, Zurich General Accident Liability Insurance Company, Ltd., Inc., the compensation carrier, intervened...

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