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MISSOURI-KANSAS-TEXAS RAILROAD CO. v. WAGNER

No. 4387.

400 S.W.2d 357 (1966)

MISSOURI-KANSAS-TEXAS RAILROAD COMPANY, Appellant, v. Clarence WAGNER, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied March 17, 1966.

Attorney(s) appearing for the Case

Naman, Howell, Smith & Chase, Louis Muldrow, Waco, for appellant.

John B. Faulkner, Jones, Boyd, Westbrook & Lovelace, Waco, for appellee.

TIREY, Justice.

Plaintiff brought the action against the railroad for damages for personal injuries arising out of an automobile-train collision at a rural crossing approximately 12 miles from the City of Waco and from the City of West. A jury verdict resulted in damages being awarded against the railroad. It is our view that the controlling facts are without dispute. The collision occurred around 10:20 P.M., at a point where the farm road 1858 crosses the railroad...

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