SOUTHERN PACIFIC COMPANY v. COLSTON

No. 7220.

466 S.W.2d 352 (1971)

SOUTHERN PACIFIC COMPANY et al., Appellants, v. Johnny E. COLSTON et ux., Appellees.

Court of Civil Appeals of Texas, Beaumont.

Rehearing Denied April 29, 1971.


Attorney(s) appearing for the Case

Mehaffey, Weber, Keith & Gonsolin, Beaumont, for appellants.

Waldman & Smallwood, Bill J. Sanders, Beaumont, for appellees.


STEPHENSON, Justice.

This is an action for damages for personal injuries arising out of a train-automobile collision. Plaintiffs recovered judgment upon a jury finding that the train was traveling at an excessive rate of speed under the circumstances. The parties will be referred to here as they were in the trial court.

Defendant has only two points of error: that the jury finding that the excessive rate of speed was a proximate cause of the collision had...

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