McMahan v. Texas & N. O. R. Co.

BREWSTER, Commissioner.

This case was born of, stark tragedy. On the night of November 16, 193S, Emil J. McMahan and his friend, Carroll Jeffrey, were on their way to a dance in an automobile driven by the latter. Suddenly, as they neared the town of Mathis, the automobile ran into a train then being operated by the defendant on a switch track across the highway. Jeffrey was dead. McMahan, unconscious, was taketi to a hospital, whence he emerged weeks later a wreck of a man. Is the railroad company,-by reason of the physical aspects of the crossing and because of its failure to give special…