J. W. Zempter Const. Co. v. Rodgers
Court of Appeals of Texas
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
- Texas Employers' Ins. v. OwenTexas Commission of Appeals · 1927
- Southern Surety Co. v. ShoemakeTexas Commission of Appeals · 1930
- Dobson's CaseSupreme Judicial Court of Maine · 1925
- West Lumber Co. v. SmithCourt of Appeals of Texas · 1926
3Cited by14 opinions
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- McElwrath v. DixonCourt of Appeals of Texas · 1932
- Burton-Lingo Co. v. ArmstrongCourt of Appeals of Texas · 1938
- Farmers' Gin Co-Op. Ass'n v. MitchellCourt of Appeals of Texas · 1950
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