Missouri-Kansas-Texas Railroad v. Alvarez

EARL W. SMITH, Justice.

Missouri-Kansas-Texas Railroad Company (MKT) appeals from a judgment awarding appellee Guadalupe C. Alvarez damages for injuries sustained by him when he was struck by an MKT train at a crossing. The trial court’s judgment is based upon the jury’s answer to Special Issue No. 1, in which the jury found only one act of negligence by MKT. In assuming in such issues that MKT did “not timely apply its brakes,” the court’s charge, submitted over the objection of MKT, constituted an impermissible comment on the weight of the evidence. The judgment will be reversed and the…