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KANSAS CITY SOUTHERN RAILWAY COMPANY v. FLOWERS

No. 7181.

336 S.W.2d 235 (1960)

KANSAS CITY SOUTHERN RAILWAY COMPANY, Appellant, v. John E. FLOWERS, Appellee.

Court of Civil Appeals of Texas, Texarkana.

Rehearing Denied April 16, 1960.

Attorney(s) appearing for the Case

Orgain, Bell & Tucker, David J. Kreager, Beaumont, for appellant.

Adams & Browne, Gilbert T. Adams, Beaumont, for appellee.

CHADICK, Chief Justice.

This is an appeal in a common law damage suit. The judgment of the District Court is reversed and a new trial ordered.

John E. Flowers, the appellee, brought this action in a district court of Jefferson County against the Kansas City Southern Railway Company, the appellant, to recover damages for personal injuries and property damages resulting from a collision between his truck and a train. Trial was before a jury and judgment entered...

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