Texas & New Orleans Railroad Company v. Dairyland Transport Corporation

RIVES, Circuit Judge.

This appeal is from a judgment holding appellant liable for property damages arising out of a collision between appellant’s eastbound freight train and appellee’s southbound tractor and trailer unit. The accident occurred at 4:15 A.M. on November 17, 1955, when it was dark, clear, and cold.

The appellant does not contend that the evidence failed to make a jury issue as to its negligence, specifically either because of the speed of the train (considering the surrounding location and circumstances) or of a failure to give adequate warning of the train’s approach by ringing…