Texas & Pacific Railway Co. v. Nabhan

GRISSOM, Chief Justice.

Mrs. Nabhan and her minor daughter were trapped in the Nabhan’s automobile between others on the tracks of the Railway Company; their car was struck by its backing train and they were injured. In their suit for damages, based upon a *433jury verdict, judgment was rendered for the Nabhans and the Railway Company has appealed.

The Railway Company’s first contention is that the first three issues and the answers thereto did not submit, nor was there a finding, of an ultimate issue which could be the basis for the judgment. In answer to said issues the jury found that (1) the…