McMahan v. Texas & New Orleans Railroad

Mr. Judge Brewster

delivered the opinion of the Commission of Appeals, Section A.

This case was bom of stark tragedy. On the night of November 16, 1935, Emil J. McMahan and his friend, Carroll Jeffrey, were on their way to a dance in an automobile driven by the latter. Suddenly, as they neared the town of Mathis, the • automobile ran into a train then being operated by the defendant on a switch track across the highway. Jeffrey was dead. McMfahan, unconscious,. was taken to a hospital, whence he emerged weeks later a wreck of a man. Is the railroad company, by reason of the physical aspects of…