Texas & N. O. R. v. Stewart

TIREY, Justice.

This is a suit for damages growing out of a truck collision with a passing train at a highway-railroad crossing in the city limits of Hearne in November 1949. In March 1950, Mrs. Jane Stewart, as surviving widow of Homer Charles Stewart, and as guardian of their two minor children, filed this suit against appellant for damages for his death. Plaintiffs grounded their cause of action on the negligence of the railroad company and among such grounds specifically alleged that the crossing was an unusually dangerous one at nighttime and that it was known to the defendant. Defendant…