Osuna v. Southern Pacific Railroad

HALL, Justice.

This is a railroad crossing accident case brought by plaintiff-appellant Mrs. Eva Osuna against Southern Pacific Transportation Company (sued as Southern Pacific Railroad). Summary judgment was rendered that plaintiff take nothing. Plaintiff appealed. We affirm the judgment.

To establish its right to summary judgment, defendant had the burden of establishing that no material fact issue existed in the case and that it was entitled to judgment as a matter of law. Rule 166— A(c), Vernon’s Tex.Rules Civ.Proc.; Town North Nat. Bank v. Broaddus, 569 S.W.2d 489, 494 (Tex.1978). In…