McKinley Janice, Jr. v. The Texas and Pacific Railway Company, Inc.

TUTTLE, Circuit Judge:

Appellant, as plaintiff in the trial court, sued the defendant, a foreign railroad corporation, alleging negligence in the maintenance of a railroad crossing a state highway, which it had built, causing the upset of plaintiff’s automobile, as he drove over the tracks, resulting in serious personal injuries.

The defendant filed a motion for summary judgment, which was granted by the trial court, on the ground that under ,a “spur track agreement” between the railroad defendant and an industry which the spur track served, the railroad “does not, nor has it ever, owned or…