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PORT TERMINAL RAILROAD ASSOCIATION v. NOLAND

No. 12857.

288 S.W.2d 276 (1956)

PORT TERMINAL RAILROAD ASSOCIATION et al., Appellants, v. Ada Lee NOLAND, Appellee.

Court of Civil Appeals of Texas, Galveston.

Motions for Rehearing Denied March 22, 1956.

Attorney(s) appearing for the Case

Raymond A. Cook and Hall E. Timanus, Houston, Andrews, Kurth, Campbell & Bradley, Houston, of counsel, for appellants.

J. Curtiss Brown and W. James Kronzer, Houston, Hill, Brown, Kronzer & Abraham, Houston, of counsel, for appellee.

HAMBLEN, Chief Justice.

This suit was instituted in the District Court of Harris County by the appellee, seeking to recover damages for personal injuries in a collision between the automobile which she was driving and a locomotive owned and operated by appellants. Plaintiff alleged specific acts of primary negligence on the part of appellants' operatives, and further alleged liability under the doctrine of discovered peril. The defense consisted of allegations of...

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