TEXAS AND PACIFIC RAILWAY COMPANY v. HOYLE

No. 5897.

421 S.W.2d 442 (1967)

The TEXAS AND PACIFIC RAILWAY COMPANY, Appellant, v. Jewell HOYLE, Appellee.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied November 29, 1967.


Attorney(s) appearing for the Case

Mays, Leonard, Moore & Dickson, George W. Leonard, Jr., Sweetwater, Stubbeman, McRae, Sealy & Laughlin, Harrell Feldt, Midland, for appellant.

William B. Smith, Midland, for appellee.


OPINION

FRASER, Chief Justice.

On November 15, 1964 a Texas and Pacific Railway train collided with an automobile that was on the train track and knocked the automobile into and over the driver of the automobile, plaintiff-appellee Jewell Hoyle. He was trying to escape from the automobile as the train hit it. It is alleged that one Inez Baker, a woman of some 30 years of age, had been crossing at this point when her car stalled. In order to understand the...

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