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MISSOURI-KANSAS-TEXAS RAILROAD CO. v. THOMAS

No. 3201.

282 S.W.2d 912 (1955)

MISSOURI-KANSAS-TEXAS RAILROAD COMPANY OF TEXAS, Petitioner, v. Hon. Owen THOMAS, District Judge, et al., Respondents.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied October 21, 1955.

Attorney(s) appearing for the Case

O. O. Touchstone, Dallas, Hubert L. Watson, Stamford, Clay Coggins, Roby, G. H. Penland, M. E. Clinton, Dallas, for petitioner.

Scott Snodgrass, San Angelo, Morris G. Watson, Roby, for respondents.

GRISSOM, Chief Justice.

Scott Snodgrass, Jr., sued the Missouri-Kansas-Texas Railroad Company of Texas for damages caused by a collision between an automobile in which Snodgrass was riding and said company's train. A jury found for the plaintiff (5) that immediately before the collision the train was traveling at "an excessive speed under the facts and circumstances then and there existing"; (6) that this was negligence and (7) a proximate cause of the collision....

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