Legal Opinion

Pate v. Southern Pacific Transportation Co.

Court of Appeals of Texas

Decided December 21, 1977No. 1706PublishedCited by 12 opinions

1Opinion of the Court

COULSON, Justice.

This is an appeal from a judgment entered non obstante veredicto in favor of the defendants in a wrongful death and survival action.

On July 13, 1967 Edwin 0. Schwarz, an employee of Theobold Trucking Company,’ failed to stop the dump truck he was driving at a stop sign. Because of this failure a car driven by Virginia Snelling was forced to make an abrupt stop to avoid hitting Schwarz’s track, which, in turn, caused the pickup truck following Snelling’s car to stop on a Southern Pacific railroad crossing. For some undetermined reason, the pickup stalled after this emergency…

2Cases cited8 opinions

  1. Biggers v. Continental Bus System, Inc.Texas Supreme Court · 1957
  2. Le Master v. Fort Worth Transit Co.Texas Supreme Court · 1942
  3. Robertson Tank Lines, Inc. v. Van CleaveTexas Supreme Court · 1971
  4. Douglass v. Panama, Inc.Texas Supreme Court · 1974
  5. Enloe v. BarfieldTexas Supreme Court · 1967

3 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Lemos v. MontezTexas Supreme Court · 1984
  2. Hunsucker v. Omega Industries, Texas Court of Appeals, 5th District (Dallas)1983
  3. Reeves v. Western Co. of North America, Texas Court of Appeals, 4th District (San Antonio)1993
  4. First Financial Development Corp. v. Hughston, Texas Court of Appeals, 13th District1990
  5. Missouri Pacific Railroad v. ShawCourt of Appeals of Texas · 1981

7 more not listed; retrieve them via the Exa API.

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