Texas & Pacific Railway Co. v. Porter

GRISSOM, Chief Justice.

H. A. Porter sued The Texas & Pacific Railway Company for damages caused by his automobile being struck by defendant’s train at a crossing on a county road. A jury found the railway company guilty of negligence which was a proximate cause of the collision in failing to keep the crossing in good repair. Based on said findings, judgment was rendered for the plaintiff. The defendant has appealed.

The automobile was driven by Mr. Porter’s 14 year old daughter, who was accompanied by another girl, Miss Beverley Thurman. As Miss Porter drove on the crossing a wheel went off…