WILLIAMS v. TEXAS-NEW MEXICO RAILWAY COMPANY

No. 5377.

334 S.W.2d 510 (1960)

Homer C. WILLIAMS, Appellant, v. TEXAS-NEW MEXICO RAILWAY COMPANY, Appellee.

Court of Civil Appeals of Texas, El Paso.

March 23, 1960.


Attorney(s) appearing for the Case

Warren Burnett, Mike Berry, Odessa, for appellant.

Hill D. Hudson, Pecos, for appellee.


ABBOTT, Justice.

This is an appeal from a judgment that plaintiff take nothing on defendant's motion for an instructed verdict, which motion was made and sustained at the close of plaintiff's testimony. The defendant's motion for instructed verdict was based on four propositions:

1. Defendant's train was occupying the crossing at the time the plaintiff's car reached the said crossing and thus came within the "occupied crossing" rule;

2. Plaintiff's...

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