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TEXAS AND PACIFIC RAILWAY COMPANY v. NABHAN

No. 4137.

413 S.W.2d 432 (1967)

The TEXAS AND PACIFIC RAILWAY COMPANY, Appellant, v. Nick J. NABHAN et ux., et al., Appellees.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied April 7, 1967.

Attorney(s) appearing for the Case

Jim Gallagher and Schuyler B. Marshall, of Scott, Hulse, Marshall & Feuille, El Paso, for appellant.

Abraham & Chagra, El Paso, for appellees.

GRISSON, Chief Justice.

Mrs. Nabhan and her minor daughter were trapped in the Nabhan's automobile between others on the tracks of the Railway Company; their car was struck by its backing train and they were injured. In their suit for damages, based upon a jury verdict, judgment was rendered for the Nabhans and the Railway Company has appealed.

The Railway Company's first contention is that the first three issues...

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