TEXAS & NEW ORLEANS RAILROAD CO. v. DAY

No. 3481.

308 S.W.2d 245 (1957)

TEXAS & NEW ORLEANS RAILROAD CO., Appellant, v. Earl DAY, Appellee.

Court of Civil Appeals of Texas. Waco.

Rehearing Denied January 2, 1958.


Attorney(s) appearing for the Case

Frank A. Woods, Franklin, Dawson & Dawson, Corsicana, Baker, Botts, Andrews & Shepherd, Houston, for appellant.

Julius C. Jacobs, Robert C. Jackson, Jr., Corsicana, for appellee.


McDONALD, Chief Justice.

This is a negligence case for property damage growing out of a train-truck collision at a railroad-street crossing in the City of Corsicana, at about 1:00 o'clock A.M., when the motor truck trailer of plaintiff was struck by defendant's southbound train. Understanding of the facts may be aided by the schematic diagram below:

Plaintiff's truck was headed west on East Collin Avenue. The accident occurred at night at...

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