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MISSOURI-KANSAS-TEXAS RAILROAD CO. v. MONTGOMERY

No. 15990.

323 S.W.2d 360 (1959)

MISSOURI-KANSAS-TEXAS RAILROAD COMPANY of Texas, Appellant, v. Letha MONTGOMERY, Individually and as Next Friend for Johnny Montgomery, et al., Appellees.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied May 1, 1959.

Attorney(s) appearing for the Case

William A. Thie, Gen. Counsel, Missouri-Kansas-Texas Railroad Company of Texas, Denison, Benson & Benson, Bowie, and Howell, Freels, Elliott & Nall, and Ralph Elliott, Denison, for appellant.

Peery & Wilson, Walter E. Steimel and Kearby Peery, Wichita Falls, for appellee.

RENFRO, Justice.

As a result of a railroad crossing collision between a pick-up truck, driven by Luther Montgomery, and a Missouri-Kansas-Texas Railroad motor-car train, Montgomery was killed. Suit was brought against the Railroad by Montgomery's widow and his surviving minor children. Plaintiffs' case was submitted to the jury on the theory of discovered peril. All issues on discovered peril were answered favorably to plaintiffs and all defensive issues were answered...

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