Fort Worth & Denver Railway Co. v. Red Ball Motor Freight, Inc.

MASSEY, Chief Justice.

A truck collided with the boxcar of a switching train as the latter was backed across a highway in Wichita County in the early morning hours of August 10, 1961. The train was moving slowly. The truck was struck when it was about one-half way across the tracks. Force of the collision “flopped” the truck over on its side; $4,143.25 in damages resulted.

From a judgment for the plaintiff Red Ball Motor Freight, Inc., the defendant Fort Worth & Denver Railway Company appealed. The latter concern will be hereinafter termed as the Railroad.

Judgment is affirmed.

*730We have no doubt…