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LEMKE v. TEXAS & NEW ORLEANS RAILROAD COMPANY

No. 13883.

355 S.W.2d 748 (1962)

Tony Allen LEMKE et al., Appellants, v. TEXAS & NEW ORLEANS RAILROAD COMPANY, Appellee.

Court of Civil Appeals of Texas, Houston.

Rehearing Denied April 5, 1962.

Attorney(s) appearing for the Case

Frank Abraham, W. James Kronzer, Houston, Hill, Brown, Kronzer & Abraham, Houston, of counsel, Pollan & Nicholson, Rosenberg, of counsel, for appellants.

John F. Heard, Houston, Baker, Botts, Shepherd & Coates, Houston, of counsel, for appellee.

WERLEIN, Justice.

This suit was brought by Tony Allen Lemke and Richard Roy Lemke, minors, by and through their Guardian, Leroy Lemke, to recover for damages arising out of the instantaneous deaths of their parents, Allen Tony Lemke and Marjorie Juanita Lemke, when their stalled automobile was struck by appellee's passenger train at a crossing about a mile and one-half west of Sugarland, Texas. The evidence shows that Mrs...

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