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STATE v. SOUTHERN PACIFIC COMPANY

No. 11330.

392 S.W.2d 497 (1965)

The STATE of Texas, the Brotherhood of Locomotive Engineers, Brotherhood of Locomotive Firemen and Enginemen and Brotherhood of Railroad Trainmen, Appellants, v. SOUTHERN PACIFIC COMPANY et al., Appellees.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied June 30, 1965.

Attorney(s) appearing for the Case

Waggoner Carr, Atty. Gen., Hawthorne Phillips, 1st Asst. Atty. Gen., Edward R. Moffett, Robert W. Norris, Asst. Attys. Gen., Proctor & Jones, Les Proctor, Robert D. Jones, Austin, for appellants.

Baker, Botts, Shepherd & Coates, Tom M. Davis, Houston, Walter Caven, Austin, for appellees.

ARCHER, Chief Justice.

The Attorney General of Texas brought suit in behalf of appellant State of Texas against appellee Southern Pacific Company, alleging that said company was failing to observe the terms and provisions of Article 6380, Vernon's Ann.Civ.St., by operating freight, gravel and construction trains without all of the five crew members required by said Article 6380 to be present and by operating light engines without all of the three crew members required...

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