Atchison, Topeka and Santa Fe Railway Co. v. Acosta

COLEMAN, Justice.

This is a suit for damages growing out of a collision between a freight train operated by appellant and a truck owned and operated by appellee. Based on a jury verdict the trial court entered a judgment for appellee in the sum of $20,831.60.

On September 27, 1966, appellee was driving a large truck loaded with hay along a clearly defined road from a hay field south of a railroad track to a barn north of the track when the truck was struck by a freight train composed of two diesel engines and twenty-six cars traveling in a westerly direction. Henry Zaragoza, one of appellee’s…