Manuel v. Missouri Pacific Railroad

MILLER, Judge.

Defendant Missouri Pacific Railroad Company appeals the trial court’s factual determination that its train was making an unsignaled backing maneuver with four locomotives pushing nineteen unlighted freight and tank cars across an unlighted and unprotected street crossing. Defendant contends that its employees were not negligent and alternatively that the driver of the westbound pickup truck and his guest passengers were contributorily negligent. We affirm, but reduce the $40,500.-00 award.

The accident occurred in Kinder after dark on December 8, 1969 while a drizzling rain was…