Southern Pacific Transportation Co. v. Stoot

REAVLEY, Justice.

Pursuant to local rules and after hearing, the trial court dismissed for want of prosecution Gussie F. Stoot’s damage suit against Southern Pacific Transportation Company. The Court of Civil Appeals reversed the judgment of dismissal and remanded the cause for trial. 527 S.W.2d 765. We uphold the procedure and the decision of the trial court.

Stoot’s suit was filed on August 11, 1971, alleging an injury suffered on August 12, 1969, while alighting from a passenger train owned and operated by the defendant. Two years after the filing of the suit, it was placed on the dismissal…