Cudworth v. South Texas Paisano Construction Co.

OPINION

DIAL, Justice.

This is a personal injury and property damage suit arising out of an accident involving a tractor-trailer rig driven by an employee of South Texas Paisano Co. and a Missouri Pacific train. The issues we must decide are whether appellants have established negligence per se on the part of the Paisano employee based on his violation of the Texas Uniform Act Regulating Traffic on Highways 1 and, if not, whether the jury was correct in its finding that the employee was not negligent.

This was not a typical vehicle-train collision. Sometime in the evening of March 13, 1982,…