Boyd v. Texas & N. O. R.

TIREY, Justice.

This is a railroad crossing accident case. Alfred E. Boyd, on the night of October 7, 1946, attempted to cross over appellee’s tracks over a footpath crossing in the town of Hearne, Robertson county, Texas, and was killed. His widow brought this suit to recover her damages, which she alleged were caused by the wrongful and negligent acts of appellee. Appellee answered by general denial and pleaded contributory negligence and unavoidable accident. The jury convicted the defendant of certain acts of negligence proximately causing the death of Boyd and found the plaintiff had been…