Legal Opinion

J. W. Zempter Const. Co. v. Rodgers

Court of Appeals of Texas

Decided January 13, 1932No. 3711PublishedCited by 14 opinions

1Opinion of the CourtHall, C. J.

Rodgers sued the appellant Zempter Company and the Panhandle & Santa Pé Railway Company, to recover $600 damages to his Chevrolet truck, which he alleges collided with a passenger train. That, the collision was proximately caused by the negligence of the Zempter Company in not maintaining a Bagman at the crossing to advise appellee and other truckmen of the approach of fast-moving passenger trains. That his damages were also proximately caused by the negligence of the railway company in approaching the crossing without having its train under control and at a rate of speed exceeding sixty…

2Cases cited4 opinions

  1. Texas Employers' Ins. v. OwenTexas Commission of Appeals · 1927
  2. Southern Surety Co. v. ShoemakeTexas Commission of Appeals · 1930
  3. Dobson's CaseSupreme Judicial Court of Maine · 1925
  4. West Lumber Co. v. SmithCourt of Appeals of Texas · 1926

3Cited by14 opinions

  1. Commercial Credit Co. v. GrosecloseCourt of Appeals of Texas · 1933
  2. Traders' & General Ins. Co. v. WilliamsCourt of Appeals of Texas · 1933
  3. McElwrath v. DixonCourt of Appeals of Texas · 1932
  4. Burton-Lingo Co. v. ArmstrongCourt of Appeals of Texas · 1938
  5. Farmers' Gin Co-Op. Ass'n v. MitchellCourt of Appeals of Texas · 1950

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