MISSOURI PACIFIC R. CO. v. VLACH

No. A14-84-396CV.

687 S.W.2d 414 (1985)

MISSOURI PACIFIC RAILROAD COMPANY, Appellant, v. Victoria VLACH, Ind. & a/n/f of Victoria Ann Vlach, et al., Appellees.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Denied March 14, 1985.


Attorney(s) appearing for the Case

Gordon A. Holloway, Sewell & Riggs, Houston, for appellant.

William Mac Gann, Gann, Fried & Edwards, Travis Johnson, Robert D. Roll, Martin & Sperry, Houston, for appellees.

Before J. CURTISS BROWN, C.J., and CANNON and DRAUGHN, JJ.


OPINION

J. CURTISS BROWN, Chief Justice.

Appellees, the wife and six children of the deceased Terence Paul Vlach, brought suit under the Wrongful Death Statute, TEX.REV.CIV.STAT.ANN. art. 4671 (Vernon Supp.1984) and the Survival Statute, TEX.REV.CIV.STAT.ANN. art. 5525 (Vernon 1958) against Missouri Pacific Railroad Co., appellant.

On December 6, 1977, appellant's train struck Terence Vlach when he drove his truck into the crossing. He was hospitalized...

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