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WARE v. TEXAS AND PACIFIC RAILWAY COMPANY

No. 15812.

302 S.W.2d 702 (1957)

C. J. WARE, Appellant, v. The TEXAS AND PACIFIC RAILWAY COMPANY, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied June 7, 1957.

Attorney(s) appearing for the Case

Ernest May, Fort Worth, Strasburger, Price, Kelton, Miller & Martin and Hobert Price, Dallas, for appellant.

Samuels, Brown, Herman & Scott, Richard E. Miles and Ardell M. Young, Fort Worth, for appellee.

MASSEY, Chief Justice.

Plaintiff The Texas and Pacific Railway Company was operating its train at a point within the city limits of Fort Worth, Texas, at a speed within the limits prescribed by law. At Ayres Street, which crossed plaintiff's tracks at a point where the most modern type of equipment had been installed for warning the traveling public of the approach of its trains, defendant C. J. Ware, a house mover, had stalled his moving equipment in such a way that...

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