St. Louis Southwestern Ry. Co. v. Simpson

(after stating the facts as above). The appellant requested, and the court refused to give, the following:

“Did the plaintiff, on the occasion in question, before attempting to make the crossing, and at least 30 feet distant therefrom, reduce the rate of speed of the automobile to not exceeding 6 miles an hour?”

It is contended that there was error in refusing to submit the above as a special issue, because the violation of the law was pleaded, and because the undisputed 'evidence shows that the view of the crossing was obscured within the meaning of article 8201 of the Penal Code (Vernon’s…