BOLLINGER v. MISSOURI-KANSAS-TEXAS RAILROAD CO.

No. 3318.

285 S.W.2d 300 (1955)

E. F. BOLLINGER, Appellant, v. MISSOURI-KANSAS-TEXAS RAILROAD COMPANY OF TEXAS, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied December 22, 1955.


Attorney(s) appearing for the Case

Rogers & Rogers, Sherman, for appellant.

Freels, Elliott & Nall, Sherman, G. H. Penland, Dallas, for appellee.


TIREY, Justice.

This is a collision case. Appellant, the driver of a truck, grounded his action upon the negligence of appellee in the operation of its railroad train and in the maintenance of the crossing, and alleged that such negligent conduct proximately caused the collision and damages to him. The court overruled defendant's motion for instructed verdict and the jury in its verdict found substantially: (1, 2 and 3) that the conditions surrounding the railroad...

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