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FORT WORTH & DENVER RY. CO. v. RED BALL MOTOR FREIGHT

No. 16558.

384 S.W.2d 729 (1964)

FORT WORTH & DENVER RAILWAY COMPANY, Appellant, v. RED BALL MOTOR FREIGHT, INC., et al., Appellees.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied December 11, 1964.

Attorney(s) appearing for the Case

Tilley, Hyder & Law and Thomas H. Law, Fort Worth, Friberg & Parish and J. Walter Friberg, Wichita Falls, for appellant.

Nelson & Sherrod and Eugene Sherrod, Jr., Wichita Falls, for appellees.

MASSEY, Chief Justice.

A truck collided with the boxcar of a switching train as the latter was backed across a highway in Wichita County in the early morning hours of August 10, 1961. The train was moving slowly. The truck was struck when it was about one-half way across the tracks. Force of the collision "flopped" the truck over on its side; $4,143.25 in damages resulted.

From a judgment for the plaintiff Red Ball Motor Freight, Inc., the defendant Fort Worth...

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