Missouri-Kansas-Texas Railroad v. McKinney

Mr. Judge Taylor

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

This suit arose out of a collision on State highway No. 2 (Dallas-Waco highway) between a train and a truck. The scene of the accident was about five miles north of Waco where the Texas-Central branch of the Missouri, Kansas & Texas Railroad Company of Texas crosses the highway. The highway runs north and south. It is a hundred feet in width, the central paved portion being twenty feet wide and the unpaved portion on the sides being each forty feet wide. On the occasion of the accident J. N. McKinney, a car…