Fort Worth & R. G. Ry. Co. v. Ross

This is the third appeal of this case. The opinions on the former appeals will be found in (Civ. App.) 18 S.W.(2d) 246, and (Civ. App.) 37 S.W.(2d) 826. A full statement of the nature of the case may be found in those opinions. The parties will be referred to as in the trial court.

The trial below resulted in a judgment for the plaintiffs (the wife and minor child of deceased), onj the ground that a 32¾2 mile per hour rate of speed by the train at the time of its collision with the automobile of the deceased was negligence under the circumstances and surrounding conditions, proximately…