Perkins v. Texas & New Orleans Railroad

I cannot agree with the conclusion reached by the majority that the speed at which defendant’s train was being operated constituted a proximate or contributing cause of the accident. At the time the accident occurred the train was traveling at a speed of 37 miles per hour, which was 12 miles per hour in excess of the speed limit fixed by defendant company for the operation of trains in the Town of Vinton. The majority has concluded that, under the circumstances shown here, the operation of the train at a speed of more than 25 miles per hour constituted actionable negligence on the part of…