TEXAS & NEW ORLEANS R. CO. v. DAIRYLAND TRANSP. CORP.

No. 17402.

266 F.2d 283 (1959)

TEXAS & NEW ORLEANS RAILROAD COMPANY, Appellant, v. DAIRYLAND TRANSPORT CORPORATION, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 5, 1959.


Attorney(s) appearing for the Case

Finis Cowan, Houston, Tex., Baker, Botts, Andrews & Shepherd, Houston, Tex., of counsel, for appellant.

Gaius G. Gannon, Jr., Lamberth S. Carsey, Houston, Tex., Turner White, III, Springfield, Mo., for appellee.

Before RIVES, JONES and WISDOM, Circuit Judges.


RIVES, Circuit Judge.

This appeal is from a judgment holding appellant liable for property damages arising out of a collision between appellant's eastbound freight train and appellee's southbound tractor and trailer unit. The accident occurred at 4:15 A.M. on November 17, 1955, when it was dark, clear, and cold.

The appellant does not contend that the evidence failed to make a jury issue as to its negligence, specifically either because of the speed of the...

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