ATCHISON, TOPEKA AND SANTA FE RAILWAY CO. v. ACOSTA

No. 15382.

435 S.W.2d 539 (1968)

The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Appellant, v. Raymond ACOSTA, Appellee.

Court of Civil Appeals of Texas, Houston (1st Dist.).

Rehearing Denied January 9, 1969.


Attorney(s) appearing for the Case

Chilton O'Brien, Beaumont, and McLeod, Alexander, Powel & Apffel, Galveston, of counsel, for appellant.

Davis, Davis & Hornbuckle, Wm. E. Hornbuckle, III, Huntsville, for appellee.


COLEMAN, Justice.

This is a suit for damages growing out of a collision between a freight train operated by appellant and a truck owned and operated by appellee. Based on a jury verdict the trial court entered a judgment for appellee in the sum of $20,831.60.

On September 27, 1966, appellee was driving a large truck loaded with hay along a clearly defined road from a hay field south of a railroad track to a barn north of the track when the truck was struck...

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