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GARCIA v. BURLINGTON NORTHERN, INC.

No. 945.

543 S.W.2d 425 (1976)

Mrs. Paula GARCIA, Appellant, v. BURLINGTON NORTHERN, INC., et al., Appellees.

Court of Civil Appeals of Texas, Tyler.

Rehearing Denied December 2, 1976.

Attorney(s) appearing for the Case

John C. Connolly, Houston, for appellant.

Clinton S. Morse, Andrews, Kurth, Campbell & Jones, Houston, for appellees.

MOORE, Justice.

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

Mrs. Paula Garcia, hereinafter referred to as appellant, filed suit against Burlington Northern, Inc.; Chicago Rock Island and Pacific Railroad Company; Fort Worth and Denver Railway Company; and Emory E. West, engineer, under the Texas Wrongful Death Act and Texas Survivor's Statutes for personal injury and wrongful death of her husband...

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