Phoenix Refining Co. v. Powell

NORVELL, Justice.

This litigation, according to the statement of attorney for appellant, resulted from “the worst and probably the last accident to occur at the Burnell underpass” on U. S. Highway No. 181, between the towns of Kenedy and Pettus, Texas. Vail Ennis, the sheriff of Bee County, testified that from fifteen to twenty people had been killed in accidents at the underpass, and it now appears that the route of the highway has been changed in the locality, probably as a result of the collision which occasioned this lawsuit.

The vehicles involved were a flat-topped truck owned by appellee,…