Texas & Pacific Railway Company v. Davis

CLAYTON, Justice.

This is a railroad crossing case in which appellant appeals from an adverse judgment granted appellees for damages and injuries arising from a collision between a tractor and tank semi-trailer being driven by one Carl Davis (who was killed) and a passenger train of the defendant company at a crossing in Odessa, Texas on February 5, 1959. Trial was to a jury on special issues, upon the answers to which the trial court founded its judgment.

Appellant based its appeal on five “propositions”, the first four of which will be considered together, and are as follows:

“FIRST PROPOSITION