ATCHISON, TOPEKA & SANTA FE RY. CO. v. KIRK

Nos. 11-86-011-CV, 11-86-022-CV.

705 S.W.2d 829 (1986)

The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Relator, v. The Honorable Weldon KIRK, Respondent.

Court of Appeals of Texas, Eastland.

Rehearing Denied March 27, 1986.


Attorney(s) appearing for the Case

Zollie Steakley, Wilks & Steakley, Sweetwater, William F. Peters, Jr. and Brad G. Repass, Hudson, Keltner, Smith, Brants & Sparks, Fort Worth, for relator.

R. Temple Dickson, Moore, Dickson, Roberts & Ratliff, Inc., Sweetwater, J. Donald Bowen, Helm, Pletcher, Hogan, Bowen & Saunders, Houston, Weldon Kirk, Judge, 32nd District Court, Sweetwater, for respondent.


Rehearing Denied March 27, 1986. (11-86-011-CV).

OPINION

RALEIGH BROWN, Justice.

These are original proceedings in mandamus. The matters at bar arose as a result of a collision between an Atchison, Topeka and Santa Fe Railway Company freight train and a Missouri-Pacific freight train. R.D. Stringer, head brakeman of the Santa Fe train, was killed, and his wife, Vikki B. Stringer, filed suit against Santa...

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