Missouri, Kansas & Texas Ry. Co. v. Flowers

This is an action to recover for damages to plaintiff’s truck resulting from a collision with defendant’s freight cars. Defendant appeals from a judgment rendered on verdict for plaintiff.

Defendant says there was no evidence produced to indicate actionable negligence on its part, and that the evidence on the part of plaintiff shows that the accident was the proximate result of the latter’s own negligence. Error is charged to the court’s action in overruling defendant’s demurrer to the evidence and to the denial of its request for an instructed verdict.

The evidence on the part of plaintiff was…