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ATCHISON, TOPEKA & SANTA FE RAILWAY CO. v. STATE DEPT. OF HIGHWAYS & PUBLIC TRANSP.

No. B14-88-869-CV.

783 S.W.2d 646 (1989)

ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY, Appellant, v. TEXAS STATE DEPARTMENT OF HIGHWAYS & PUBLIC TRANSPORTATION, Appellee.

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

December 7, 1989.

Attorney(s) appearing for the Case

Otto D. Hewitt, III, Michael B. Hughes, Kenneth J. Bower, Evelyn T. Ailts, Galveston, for appellant.

Kevin Yul Wright, Hector J. Flores, Austin, Steven C. Kiser, Midland, for appellee.

Before MURPHY, ROBERTSON and SEARS, JJ.

OPINION

MURPHY, Justice.

Atchison, Topeka & Santa Fe Railway Company ("ATSF") appeals from a summary judgment entered in favor of the appellee, Texas Department of Highways & Public Transportation ("Highway Department"). ATSF claims the trial court erred in granting the summary judgment because the doctrine of sovereign immunity is inapplicable and appellee failed to meet its summary judgment burden of proof. Because we find that appellee met its...

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