Texas & New Orleans Railroad v. Burden

We respectfully note herein our disagreement with the majority opinion. The following evidence statement, together with such additional testimony as may be subsequently referred to, will serve as the basis for the reasons on which the dissent is grounded: Mr. Burden was killed at one of the railroad crossings in Diboll, a town of about 4,000 population. Two tracks paralleling each other are on the company’s right of way at this point, the main line on the west, and the switch track on the east. They are about 7 feet apart with a narrow space of about 22 inches between the overhang of cars of…