The Texas and Pacific Railway Company v. Madge Reed Watkins, Individually and as Natural Tutrix of Her Minor Child, Richard Wesley Watkins

JOHN R. BROWN, Circuit Judge.

As though almost at hand were the day of the juridical Univac, in whicn data on weather, distance, speed, time, maxima-minima variables, favorable and unfavorable inferences are fed into its insatiable maw there to be stored, sorted, weighted, compared and digested, the Railroad with great earnestness insists that mechanically there can be no liability for the crossing death of Opal Watkins because the tractor hit the train, not the train hit the tractor. The jury with its cruder abacus delivered a contrary result.

The accident took place in the early morning hours…