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MISSOURI PACIFIC R. CO. v. BROWNSVILLE NAV. DIST.

No. B-1848.

453 S.W.2d 812 (1970)

MISSOURI PACIFIC RAILROAD COMPANY, Petitioner, v. BROWNSVILLE NAVIGATION DISTRICT, Respondent.

Supreme Court of Texas.

Rehearing Denied May 20, 1970.

Attorney(s) appearing for the Case

Hardy & Sharpe, Eduardo R. Rodriguez, Brownsville, for petitioner.

Kleberg, Mobley, Lockett & Weil, Leslie S. Lockett, Corpus Christi, for respondent.

WALKER, Justice.

The question in this case is sovereign immunity from suit. Uncie Wells, a brakeman for Missouri Pacific Railroad Company, lost his life as the result of an accident that occurred on December 22, 1967. His statutory beneficiaries sued MoPac and Lallier & Co. for damages, claiming that the death of Wells was proximately caused by defendants' negligence. According to the allegations of the petition, Wells was knocked from a ladder on the train by...

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