Joseph H. Abate v. The Atchison, Topeka and Santa Fe Railway Company

In this diversity case questions of negligence and contributory negligence arise under Texas law from an automobile-train collision at a railroad crossing. The jury found that the Santa Fe Railroad, the defendant, had acted negligently and that Joseph Abate, the plaintiff and driver of the car, was not contributorily negligent. The district court awarded a judgment for the plaintiff of $600,000, the amount recommended by the jury. We affirm.

The collision occurred at the intersection of the Santa Fe tracks and Texas Farm-to-Market Highway 365. As Abate approached the crossing from the west, he…