Port Terminal Railroad Association v. Noland

HAMBLEN, Chief Justice.

This suit was instituted in the District Court of Harris County by the appellee, seeking to recover damages for personal injuries in a collision between the automobile which she was driving and a locomotive owned and operated by appellants. Plaintiff alleged specific acts of primary negligence on the part of appellants’ operatives, and further alleged liability under the doctrine of discovered peril. The defense consisted of allegations of contributory negligence, including in particular the allegation that the appellee had violated the provisions of Section 86(d) of…