KIRKLAND v. TEXAS & PACIFIC RAILWAY CO.

No. 5591.

372 S.W.2d 367 (1963)

Mrs. Don KIRKLAND, a Widow, et al., Appellants, v. TEXAS AND PACIFIC RAILWAY COMPANY, a Corporation, Appellee.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied November 13, 1963.


Attorney(s) appearing for the Case

John J. Watts, James D. Cunningham, Odessa, for appellants.

McDonald, Shafer, Gilliland & Davis, Paul McCollum, Odessa, Hill D. Hudson, Pecos, Wm. R. McDowell and Gerry Wren, Dallas, for appellee.


FRASER, Chief Justice.

This is an appeal from a judgment rendered by the District Court of Ector County, Texas. Plaintiffs-appellants brought suit for damages for the death of Don Kirkland and for property loss arising out of a grade crossing collision between a train owned by appellee and a tractor-trailer gasoline transport truck driven by Don Kirkland. The case was tried to a jury and judgment was rendered by the court in favor of the defendant.

The jury...

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