BUXKEMPER v. MISSOURI-KANSAS-TEXAS RAILROAD CO.

No. 12822.

278 S.W.2d 954 (1955)

Emil BUXKEMPER et al., Appellants, v. MISSOURI-KANSAS-TEXAS RAILROAD COMPANY OF TEXAS, Appellee.

Court of Civil Appeals of Texas, Galveston.

Rehearing Denied May 19, 1955.


Attorney(s) appearing for the Case

J. K. Allen, Columbus and J. Edwin Smith, Houston (Miller, Rutta & Allen, Columbus, Thos. E. Mosheim, and Smith & Lehmann, Houston, of counsel), for appellants.

G. H. Penland, Dallas, Vinson, Elkins, Weems & Searls, C. E. Bryson and Ben H. Rice, III, Houston, for appellee.


GRAVES, Justice.

Appellant, Emil Buxkemper, was injured, and his wife killed, at a public highway-crossing at New Ulm, Texas. They were the sole occupants of an automobile, which sustained a collision with the engine of appellee's passenger train. It was daylight. Mr. Buxkemper was driving.

The train was proceeding in a southerly direction, as it approached the crossing. The track was straight. The engineer was at the controls on the right hand side of the...

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