Lewie Montgomery Trucking Co. v. Southern Pacific Co.

BARRON, Justice.

This is an action for property damage to a railroad bridge brought by Southern Pacific Company against Lewie Montgomery Trucking Company and its employee, J. B. Lightfoot.' The cause of action arose out of an accident on May 3, 1965, when a truck owned by defendant and driven by Lightfoot collided with plaintiff’s overpass on U.S. Highway 290, near the City of Burton, in Washington County, Texas. The height of the defendant’s truck, as loaded, was greater than the clearance of plaintiff’s overpass.

The jury returned a verdict in which they found in answer to special issues that…