Texas & New Orleans Railroad Co. v. Day

Respondent, Day, sued petitioner, Texas & New Orleans Railroad Company, for damages to his truck-trailer resulting from a collision with petitioner’s train at a street crossing in the City of Corsicana. A trial court judgment for respondent was reversed by the Court of Civil Appeals and the cause was remanded for retrial. 308 S.W. 2d 245. Reversal was ordered because of error in the trial court’s charge.

Both parties applied for writ of error and both applications were granted. It is the contention of respondent that the trial court’s charge was not erroneous and that the Court of Civil…