Green v. Texas & Pacific Railway Co.

BOUTALL, Judge.

This is a case involving a collision between an automobile and a locomotive.

On April 30, 1973, an automobile driven by the appellee, Elridge J. Green, was struck by a locomotive of the Missouri Pacific Railroad Company, the appellant in this action. Green sued for injuries and property damage suffered in the accident. After trial on the merits, the trial judge found that the sole and proximate cause of the accident was the negligence of the defendant railroad and rendered judgment in favor of the plaintiff. We reverse.

The evidence shows that a railroad engine, unaccompanied by…