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GENTRY v. SOUTHERN PACIFIC COMPANY

No. B-1997.

457 S.W.2d 889 (1970)

Opal GENTRY, Petitioner, v. SOUTHERN PACIFIC COMPANY, Respondent.

Supreme Court of Texas.

Rehearing Denied October 7, 1970.

Attorney(s) appearing for the Case

Cullen, Edwards, Williams & Stevenson, Donald A. Edwards, Victoria, for petitioner.

Anderson, Smith & Null, Conde N. Anderson and Joseph P. Kelly, Victoria, Thomas R. Bell, Edna, Jack Salyer, Bay City, Kilgore, Cole & Garrett, Emmett Cole, Jr., Victoria, Robert S. Pieratt, Houston, for respondent.

McGEE, Justice.

This is an automobile-train collision case involving an application of the doctrine of discovered peril.

Mrs. Opal Gentry filed this action against Southern Pacific Company to recover money damages for the death of her husband, James Gentry, who was killed in the collision. The jury found that the engineer and fireman operating the train at the time of the accident were guilty of primary negligence...

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