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MISSOURI PACIFIC RAILROAD CO. v. BURNS

No. 4243.

382 S.W.2d 761 (1964)

MISSOURI PACIFIC RAILROAD CO., Appellant, v. Robert Lee BURNS, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied October 22, 1964.

Attorney(s) appearing for the Case

Jackson, Walker, Winstead, Cantwell & Miller, Jack Pew, Jr., Dallas, for appellant.

W. L. Tandy, Waco, for appellee.

TIREY, Justice.

This action is grounded on a crossing collision. Plaintiff went to trial on his First Amended Original Petition, in which he alleged that the defendant was guilty of negligence in seven different particulars. They are substantially as follows:

1. That defendant failed to stop its train prior to reaching the intersection with the crossing with knowledge of the approaching presence of plaintiff;<...

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