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CLIFTON v. SOUTHERN PACIFIC TRANSP. CO.

No. C-4046.

709 S.W.2d 636 (1986)

ESTATE OF Horace CLIFTON, et al., Petitioners, v. SOUTHERN PACIFIC TRANSPORTATION CO., Respondent.

Supreme Court of Texas.

Rehearing Denied June 11, 1986.

Attorney(s) appearing for the Case

Kaiser, David Grant, Abraham, Watkins, Nichols, Ballard, Onstad & Friend, Friend, Dale, Kronzer, Abraham, Watkins, Nichols, Ballard & Friend, O'Quinn, John, O'Quinn & Hagans, Staggs, Jr., Frank M., O'Quinn & Hagans, Wardell, Ronald, Fisher, Gallagher, Perrin & Lewis, Gallagher, Michael t., Fisher, Gallagher, Perrin & Lewis, Houston, for petitioners.

Newton, Howard P., Matthews & Branscomb, San Antonio, for respondent.

McGEE, Justice.

This is a wrongful death case. Ronald Athey, James Bozeman and Horace Clifton were killed when the van in which they were riding was struck by a freight train owned by Southern Pacific Transportation Company. Diane Athey, Faye Bozeman and Linda Clifton sued Southern Pacific and Rusty Reams, the train's engineer. The jury found Reams was not negligent but that Southern Pacific was, and accordingly, the trial court rendered judgment against Southern...

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