Hailey v. Missouri, K. & T. R. R.

POWER, Justice.

Edward Hailey instituted this suit against the Missouri, Kansas & Texas Railroad Company of Texas for damages. The defendant railroad company has owned and operated for a number of years a line of railway in and through the city of Port Worth. It has in Port Worth and in the vicinity of the accident involved a main line and various switching and industry tracks. These tracks cross at grades both South Main and Capps streets. It was proposed to construct an underpass for defendant’s various lines, extending from a point on South Main street to a point on Capps street. The…