Townsend v. Missouri Pacific R. R.

The facts found to have been established are stated in the original opinion, and insofar as it is material for the consideration of the case on rehearing, we repeat that the evidence shows that when plaintiff stopped the truck with its rear wheels against the plank approach to the crossing, the motor was not “shut off”, and was making such a noise that it was impossible for plaintiff to have heard the train of cars which was approaching the crossing.

In the original opinion it was held that the defendant was negligent in its operation of the train of cars, and we have nothing to add to that…