Williams v. Texas-New Mexico Railway Co.

ABBOTT, Justice.

This is an appeal from a judgment that plaintiff take nothing on defendant’s motion for an instructed verdict, which motion was made and sustained at the close of plaintiff’s testimony. The defendant’s motion for instructed verdict was based on four propositions:

1. Defendant’s train was occupying the crossing at the time the plaintiff’s car reached the said crossing and thus came within the “occupied crossing” rule;

2. Plaintiff’s purported violation of Section 86(d), Article 6701d, Vernon’s Annotated Civil Statutes of Texas;

3. Plaintiff’s purported violation of Section 87,…