Nichols v. Red Arrow Freight Lines

DAVIS, Justice.

On November 16, 1951, W. A. Nichols, plaintiff below, was an employee of MK-T Railroad Company of Texas, hereinafter referred to as “Katy”, and was working as a roadmaster which necessitated that he operate a small railroad motor car upon and along the railroad tracks which ran in an easterly-westerly direction between Smithville, Texas, and Houston, Texas. In the early morning of said date, as Nichols started to cross an intersection of said railroad track on a road known as “Old Plum Road” which road runs in a northerly-southerly direction across said railroad track, while…