Missouri, Kansas & Texas Railway Co. v. Price

Mr. Presiding Judge POWELL

delivered the opinion of the Commission of Appeals, Section B.

At the July term, 1925, there went to trial in the District Court of Bastrop County, Texas, the personal injury suit of Mrs. Stella Thomason v. M., K. & T. Railroad Company of Texas. Her husband, an engineer for the defendant company, had been killed in a head-on collision near Hillendahl, Texas, between passenger trains Nos. 23 and 26. The only material defense offered by the railway company was to the effect that engineer Thomason had violated his train order requiring him to wait until 9 p. m. at…