MISSOURI-KANSAS-TEXAS RAILROAD CO. v. BERNHARDT

No. 11509.

418 S.W.2d 368 (1967)

MISSOURI-KANSAS-TEXAS RAILROAD COMPANY, Appellant, v. Roy BERNHARDT et al., Appellees.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied September 13, 1967.


Attorney(s) appearing for the Case

Graves, Dougherty, Gee, Hearon, Moody & Garwood, Dan Moody, Jr., John E. Clark, Austin, for appellant.

Barkley, Cutcher & Alderson, James L. Cutcher, Taylor, for appellees.


O'QUINN, Justice.

The Bernhardts, father and son, brought this lawsuit for damages resulting from a nighttime railroad crossing accident when the son, then a minor 19 years old, while driving his automobile home alone, collided with the side of a freight train stopped across a farm-to-market road.

Plaintiffs pleaded in their original petition, that defendant, Missouri-Kansas-Texas Railroad Company, was negligent by parking the train so as to block the road...

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