Legal Opinion
Poole v. Missouri Pacific Railroad
Court of Appeals of Texas
Decided February 11, 1982No. 17876PublishedCited by 8 opinions
1Opinion of the Court
DOYLE, Justice.
This is a wrongful death action.
This suit was brought to recover damages for the deaths of the driver and passenger of an automobile that was struck by a train owned and operated by the Missouri Pacific Railroad Company (MPRC). There was evidence that the driver of the automobile, proceeding in an easterly direction, could not see the approaching train because her view was obscured by a cement mixer tank, which once comprised the back of a cement truck. This mixer tank was on MPRC’s right-of-way on the west side of the railroad track near the crossing.
The jury found that the…
2Cases cited5 opinions
- Burk Royalty Co. v. WallsTexas Supreme Court · 1981
- Missouri Pacific Railway Co. v. ShufordTexas Supreme Court · 1888
- Harbin v. SealeTexas Supreme Court · 1970
- Whiteman v. HarrisCourt of Appeals of Texas · 1938
- Leinert v. Sabine National BankCourt of Appeals of Texas · 1976
3Cited by8 opinions
- Olin Corp. v. DysonCourt of Appeals of Texas · 1984
- Missouri Pacific Railroad v. Dawson, Texas Court of Appeals, 13th District1983
- Martin v. Texaco, Inc.Court of Appeals for the Fifth Circuit · 1984
- Martin v. Texaco, Inc.Court of Appeals for the Fifth Circuit · 1984
- Balcones Woods Club, Inc. v. Greg Daniels and Dimitry Wanda, Texas Court of Appeals, 3rd District (Austin)1993
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