Missouri Pacific Railroad v. United Transports, Inc.

COLEMAN, Chief Justice.

This is a personal injury suit. The plaintiff, Billy R. Womack, sued the defendant, Missouri Pacific Railroad Company, for injuries sustained as the result of a collision between an auto transport truck operated by plaintiff and defendent’s train. The trial was to a jury. Based on the jury findings the trial court entered a judgment for the plaintiff in the amount of $535,866.44.

The defendant’s principal contention on this appeal is that it owed no duty to plaintiff to warn of the presence of the train on the crossing.

On January 21, 1967 at about 3:00 o’clock a. m.,…