Missouri-Kansas-Texas R. Co. v. Neuhoff Bros.

On Rehearing

In its point No. 4 appellant asserts that the uncontroverted evidence shows that appellant has never violated Art. 787, Penal Code. In its argument under point No. 4 appellant says that Art. 787, Penal Code, applies to trains alone, not to switching operations, classification, interchange of freight cars or passenger cars in the yard of a railroad.

In support of its contention that there is a vast difference between the operation of a train or the movement thereof, and a switching operation in the yards of a railroad, appellant cites United States v. St. Louis & S. F. Ry. Co.,…