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STATE HIGHWAY DEPT. v. PINNER

No. 7730.

531 S.W.2d 851 (1975)

STATE HIGHWAY DEPARTMENT, Appellant, v. Ruth PINNER, a feme sole, Appellee.

Court of Civil Appeals of Texas, Beaumont.

Rehearing Denied December 31, 1975.

Attorney(s) appearing for the Case

John L. Hill, Atty. Gen., Austin, O. J. Weber, Jr., Beaumont, for appellant.

G. I. Low, Beaumont, Joe H. Tonahill, Jasper, Bill A. Martin, Newton, for appellee.

DIES, Chief Justice.

In September 1970, Jessie Pinner was driving south on Highway 87 in Newton County, Texas. At about 8 A.M., in fog, he collided with an east bound (coming from his right) Missouri Pacific train and was instantly killed. The crossing had signal lights on both sides of the highway, and both were functioning before the collision. Shortly prior thereto the Texas State Highway Department had dispatched several vehicles to this area to repair the road...

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