Bollinger v. Missouri-Kansas-Texas Railroad Co.

TIREY, Justice.

This is a collision case. Appellant, the driver of a truck, grounded his action upon the negligence of appellee in the operation of its railroad train and in the maintenance of the crossing, and alleged that such negligent conduct proximately caused the collision and damages to him. The court overruled defendant’s motion for instructed verdict and the jury in its verdict found substantially: (1, 2 and 3) that the conditions surrounding the railroad crossing were such as to make the same an extraordinarily hazardous crossing at the time appellant' attempted to cross the track,…