Missouri Pacific Railroad Company v. Dean

MOORE, Justice.

Plaintiff, Willard W. Dean, brought suit for damages against defendants, Missouri Pacific Railroad Company and its employees, for personal injuries alleged to have been sustained by him when his automobile collided with defendant’s freight train which was stopped on a public crossing in the City of Palestine, Texas. In view of the fact that the railroad company and its employees assert common defenses, the parties will hereinafter be referred to as plaintiff and defendant.

The basis upon which plaintiff predicated his suit for damages was that the defendant railroad company…