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LATHERN v. MISSOURI-KANSAS-TEXAS RAILROAD CO. OF TEX.

No. 3892.

350 S.W.2d 379 (1961)

Rosalie LATHERN et al., Appellants, v. MISSOURI-KANSAS-TEXAS RAILROAD COMPANY OF TEXAS, Appellee.

Court of Civil Appeals of Texas, Waco.

Motion for Rehearing Denied October 12, 1961.

First Amended Motion for Rehearing Denied October 26, 1961.

Attorney(s) appearing for the Case

Bryan, Maxwell, Wilson & Olson, Waco, for appellants.

Naman, Howell, Smith & Chase, Waco, for appellee.

Appellants' Motion for Rehearing Denied October 12, 1961.

Appellants' First Amended Motion for Rehearing Denied October 26, 1961.

TIREY, Justice.

The action is grounded on a crossing collision. Plaintiffs alleged various grounds of common law negligence and also specially plead the doctrine of discovered peril. At the conclusion of the testimony plaintiffs waived their common law grounds of negligence and requested the Court to submit the cause under...

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