BROWNFIELD v. MISSOURI PACIFIC R. CO.

No. A14-88-130-CV.

794 S.W.2d 773 (1990)

Craig BROWNFIELD, Sr., et al., Appellant, v. MISSOURI PACIFIC RAILROAD COMPANY, Appellee.

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

Rehearing Denied August 23, 1990.


Attorney(s) appearing for the Case

Gary M. Riebschlager, Douglas S. Sandage, Houston, for appellant.

Mary Ann Starks, Brad Beers, Houston, for appellee.

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


OPINION

J. CURTISS BROWN, Chief Justice.

This is an appeal from a take-nothing judgment in a suit involving an eight-year-old boy, Craig Brownfield, Jr., who was playing on a railroad trestle when he spotted a train approaching. At first, the boy ran from the train, then he turned back to try to save his five-year-old brother, who had crouched down on the side of the tracks. The younger boy survived, but the train struck and killed Craig. Appellants claim...

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