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OSUNA v. SOUTHERN PACIFIC R.R.

No. C-1121.

641 S.W.2d 229 (1982)

Eva OSUNA, Petitioner, v. SOUTHERN PACIFIC RAILROAD, Respondent.

Supreme Court of Texas.

Rehearing Denied November 24, 1982.

Attorney(s) appearing for the Case

Bob Andrews, Austin, for petitioner.

Wilson, Grosenheider & Burns, Robert B. Burns, Jr., Austin, for respondent.

SONDOCK, Justice.

This is a railroad crossing collision case brought by Eva Osuna against Southern Pacific Railroad. The trial court granted summary judgment in favor of Southern Pacific. The court of appeals affirmed the judgment. 627 S.W.2d 245. We reverse the judgments of the courts below because of material fact issues in regard to the defendant's alleged negligence.

The accident in question occurred at 1:00 A.M., November...

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