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LONE STAR IND. v. ATCHISON, TOPEKA, & SANTA FE

No. 09 82 130 CV.

666 S.W.2d 376 (1984)

LONE STAR INDUSTRIES, INC., Appellant, v. The ATCHISON, TOPEKA, & SANTA FE RAILWAY, CO., Appellee.

Court of Appeals of Texas, Beaumont.

Rehearing Denied March 21, 1984.

Attorney(s) appearing for the Case

Kyle Wheelus, Jr., Beaumont, for appellant.

Patricia D. Chamblin, Beaumont, for appellee.

OPINION

DIES, Chief Justice.

This action arises from the death of Cecil Ray Young who was killed while working as a brakeman for appellee, The Atchison, Topeka & Santa Fe Railway, Co. (Santa Fe). The accident occurred in Liberty County, Texas, at the intersection of the Lone Star Industries, Inc., track and Highway 105.

As a Santa Fe train was crossing Highway 105 on a spur track owned by Lone Star, Young was standing at the crossing, flagging...

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