Southern Pacific Railroad v. Miguel Enrique Montalvo

GODBOLD, Circuit Judge:

This is an appeal from a jury verdict for the plaintiff in a case arising out of the collision of plaintiff’s car with a train at a Texas grade crossing.

Southern Pacific contends that the issue of contributory negligence of the plaintiff under Vernon's Ann.Tex. Civ.Stat. Art. 6701d, § 86 (Vernon ed. I960), 1 was not properly submitted to the jury. In his oral charge, to which the railroad makes no objection, the judge instructed on the elements of subsections (c) and (d) of § 86, then he submitted as one of the special interrogatories, “Was Manuel Montalvo negligent in…