Lackey v. Gulf, C. & S. F. Ry. Co.

HUGHES, Justice.

J. C. Lackey, appellant, sued the Gulf, Colorado & Santa Fe Railroad Company, appellee, for damages for personal injuries received by him in a collision between an ■engine of appellee’s and a truck operated by appellant.

The trial court, when appellant rested, granted appellee’s motion to withdraw the case from the jury and render judgment in its ‘behalf.

The propriety of this action is the only question before us. The answer necessarily entails a discussion of the pleadings and evidence.

The collision occurred about 3:30 p. m., October 7, 1948, at the Magdalen Street railway…