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WESTERN CO. OF NORTH AMERICA v. SOUTHERN PACIFIC TRANSP. CO.

No. 3-90-192-CV.

819 S.W.2d 952 (1991)

WESTERN COMPANY OF NORTH AMERICA, Appellant, v. SOUTHERN PACIFIC TRANSPORTATION COMPANY, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled January 8, 1992.

Attorney(s) appearing for the Case

Katherine L. Butler and Evelyn S. Tatum, Butler & Harris, Houston, for appellant.

Karl G. Johnson, Wilson, Grosenheider & Burns, Austin, for appellee.

Before POWERS, JONES and SMITH, JJ.

POWERS, Justice.

Southern Pacific Transportation Company recovered judgment for $132,023.11, on the jury's verdict, in a negligence action against Western Company of North America arising out of a train-truck collision. Western Company appeals. We will reverse the judgment and remand the cause for a new trial.

THE CONTROVERSY

The driver of Western Company's tractor-trailer rig stopped the rig at a stop sign on Fayette County Road 140 before entering...

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