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MISSOURI-KANSAS-TEXAS R. CO. v. ALVAREZ

No. 13870.

670 S.W.2d 338 (1984)

MISSOURI-KANSAS-TEXAS RAILROAD COMPANY, Appellant, v. Guadalupe C. ALVAREZ, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Denied April 25, 1984.

Attorney(s) appearing for the Case

Dan Moody, Jr., Graves, Dougherty, Hearon & Moody, Austin, for appellant.

Mack Kidd, Kidd, Whitehurst & Harkness, Austin, for appellee.

Before PHILLIPS, C.J., and SMITH and GAMMAGE, JJ.

EARL W. SMITH, Justice.

Missouri-Kansas-Texas Railroad Company (MKT) appeals from a judgment awarding appellee Guadalupe C. Alvarez damages for injuries sustained by him when he was struck by an MKT train at a crossing. The trial court's judgment is based upon the jury's answer to Special Issue No. 1, in which the jury found only one act of negligence by MKT. In assuming in such issues that MKT did "not timely apply its brakes," the court's charge, submitted over...

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