Wichita Valley Ry. Co. v. Durrett

McDONALD, Chief Justice.

This suit involves a railroad crossing accident. Plaintiff was a passenger in an automobile which collided with defendant’s train. Plaintiff recovered judgment upon a verdict of the jury, and defendant has appealed. We shall refer to the parties as they were designated in the trial court.

The collision occurred in the City of Wichita Falls. The automobile in which plaintiff was riding was proceeding north, while the train was proceeding west. Although the weather was cold, and although the collision occurred at night, the undisputed evidence shows that the surrounding…