Missouri Pacific Railroad Company v. John Owen

CAMERON, Circuit Judge.

By general verdict, the jury awarded appellee, John Owen, $15,000.00 for personal injuries and other damages sustained by him when his pickup truck was struck by a diesel locomotive of appellant, Missouri Pacific Railroad Company, at a grade crossing in the outskirts of the City of Kingsville, Texas. The necessary facts will be set forth as each of the questions of law raised before us is discussed.

The case was submitted to the jury on the two charges of negligence upon which appellee relied: (1) the failure to sound the whistle or horn or ring the bell, as required by…