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NICHOLS v. RED ARROW FREIGHT LINES

No. 6922.

300 S.W.2d 740 (1957)

W. A. NICHOLS v. RED ARROW FREIGHT LINES et al.

Court of Civil Appeals of Texas, Texarkana.

On Motion for Rehearing March 14, 1957.

Rehearing Denied April 4, 1957.

Attorney(s) appearing for the Case

Smith & Lehmann, J. Edwin Smith, Houston, for appellant.

Vinson, Elkins, Weems & Searls, C. E. Bryson, Ben H. Rice, III, Houston, G. H. Penland, Dallas, Baker, Botts, Andrews & Shepherd, Thos. M. Phillips, Houston, for appellees.

DAVIS, Justice.

On November 16, 1951, W. A. Nichols, plaintiff below, was an employee of MK-T Railroad Company of Texas, hereinafter referred to as "Katy", and was working as a roadmaster which necessitated that he operate a small railroad motor car upon and along the railroad tracks which ran in an easterly-westerly direction between Smithville, Texas, and Houston, Texas. In the early morning of said date, as Nichols started to cross an intersection of said railroad...

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