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MISSOURI PAC. R. CO. v. AMERICAN STATESMAN

No. B-6207.

552 S.W.2d 99 (1977)

MISSOURI PACIFIC RAILROAD COMPANY, Petitioner, v. AMERICAN STATESMAN, Respondent.

Supreme Court of Texas.

Rehearing Denied June 22, 1977.

Attorney(s) appearing for the Case

Gresham, Davis, Gregory, Worthy & Moore, Bond Davis and Marshall B. Miller, Jr., San Antonio, for petitioner.

Clark, Thomas, Winters & Shapiro, Barry K. Bishop, Austin, for respondent.

DANIEL, Justice.

The American Statesman, a newspaper publishing company, filed this suit against Missouri Pacific Railroad Company for damages alleged to have resulted from the negligence of the railroad company in running a boxcar into the steel scaffolding (tram) extending from the American Statesman's building over a spur track owned and operated by the Missouri Pacific. The principal question is whether the trial court should have found proximate cause as a matter...

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