Gentry v. Southern Pacific Company

McGEE, Justice.

This is an automobile-train collision case involving an application of the doctrine of discovered peril.

Mrs. Opal Gentry filed this action against Southern Pacific Company to recover money damages for the death of her husband, James Gentry, who was killed in the collision. The jury found that the engineer and fireman operating the train at the time of the accident were guilty of primary negligence; that there was contributory negligence on the part of the deceased driver of the automobile; and that each of these acts of negligence was a proximate cause of the collision. The…