Billy v. Texas, O. & E. R. Co.

O’NEAL, Justice.

In the trial below the court sustained defendant’s demurrer to plaintiff’s evidence and entered judgment in favor of the defendant. Plaintiff’s motion for a new trial being overruled, she appeals, alleging error in this disposition of the case.

The parties will be referred to as they appeared in the trial court.

Plaintiff’s cause of action is based on two grounds of negligenie of the defendant: (1) Failure to keep its right-of-way adjacent to the railroad crossing clear of trees, brush, vines and saplings which obstructed the view of deceased and the driver of the car in which…