Southern Pacific Co. v. Castro

I dissent from an opinion which refuses to follow either the legislature, the Supreme Court, or the jury verdict and I decline to join in the judicial repeal of the provisions of sub-section (c), § 86, Article 6701d, V.A.C.S. In order to make my position clear and to place the question in proper perspective, I first summarize the findings and non-findings of the jury. In so doing, I will assume for the purpose of this dissent that the pleadings and the evidence required the trial court to submit each of the issues included in the charge. The findings on negligence and proximate cause were…