Gulf, C. & S. F. R. Co. v. Pratt

NORVELL, Justice.

This is a' railroad crossing collision case. Appellant, Gulf, Colorado and Santa Fe Railway Company, brought suit against Charles Delbert Pratt for damages to its train, eqúipment and tracks, occasioned by the collision. Pratt filed a cross-action for personal injuries and damages to his truck, and, after a jury trial, was awarded a judgment of $8,500, despite jury findings that he was guilty of negligence in numerous particulars. The theory of recovery was the doctrine of discovered peril. The applicability of such doctrine under the facts of this case, and the sufficiency…