Alvarez v. Missouri-Kansas-Texas Railroad

ROBERTSON, Justice.

Guadalupe C. Alvarez sued Missouri-Kansas-Texas Railroad Company for damages sustained when he was struck by its train at a crossing. The trial court rendered judgment for Alvarez. The court of appeals reversed the judgment and remanded the cause for a new trial, holding that the wording of Special Issue No. 1 constituted an impermissible comment on the weight of the evidence. 670 S.W.2d 338. We reverse the judgment of the court of appeals and remand the cause to that court for consideration of the remaining points.

On the night of December 26,1975, Alvarez was on his way to…