Legal Opinion
Western Co. of North America v. Southern Pacific Transportation Co.
Court of Appeals of Texas
Decided January 8, 1992No. 3-90-192-CVPublishedCited by 5 opinions
1Opinion of the Court
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 State Highway 154. As shown in the diagram, the length of the rig left the trailer across the railroad track that ran parallel to State Highway 154.…
2Cases cited12 opinions
- Burk Royalty Co. v. WallsTexas Supreme Court · 1981
- Lorusso v. Members Mutual Insurance Co.Texas Supreme Court · 1980
- Pittmann v. BaladezTexas Supreme Court · 1958
- Superior Trucks, Inc. v. Allen, Texas Court of Appeals, 1st District (Houston)1983
- Missouri-Kansas-Texas Railroad v. MayTexas Supreme Court · 1980
7 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- City of Alamo v. Casas, Texas Court of Appeals, 13th District1997
- Alvarado v. City of Brownsville, Texas Court of Appeals, 13th District1993
- Pride Petroleum Services, Inc. v. Criswell, Texas Court of Appeals, 8th District (El Paso)1996
- Allstate Indemnity Company v. Mary Hyman, Texas Court of Appeals, 6th District (Texarkana)2006
- Duke Energy Field Services Assets, LLC v. National Union Fire Insurance Company of Pittsburgh, PA, Texas Court of Appeals, 6th District (Texarkana)2001