Reid v. Texas & New Orleans R. Co.

CODY, Justice.

This is an appeal from the action of the trial court, at the conclusion of plaintiffs’ evidence, in directing a verdict and rendering judgment for defendant Railway Company. By agreement of the parties the suits which had been brought individually against the defendant Railway Company by plaintiffs, James D. Reid and John T. Kirtley Jr., were consolidated.

On October 8, 1944, about 3:50 a. m., the automobile which was being operated by plaintiff Reid and in which John T. Kirtley, Jr., was riding as a passenger ran ■ into a tank car which was on a spur track of defendant that…