Smith v. Galveston-Houston Electric Ry. Co.

This ease is fully stated in the majority opinion of the Court of Civil Appeals. This opinion, as well as the dissent by. Justice Graves, is reported in 265 S. W. 267. We shall not restate the case here except to say that the triai court declined to submit any issue to the jury other than discovered peril. Smith, driving his truck, was injured on a public highway crossing over which the interurban operated. The truck and interurban were both going in the same direction until the truck turned across the interurban track.' The highwlay and track came -together at an angle of about 41 degrees.…