Texas and Pacific Railway Company v. Midkiff

LONG, Justice.

On'March 30, 1953, A. R. Midkiff was killed in a collision between a truck which he was..driving and a Texas and Pacific Railway Company passenger train -at the Lake Burnie crossing in the city limits of Cisco, Texas. Jessie Midkiff, his surviving wife, filed this suit against The Texas and Pacific Railway Company to recover damages for his death. Thereafter, Zurich General Accident Liability Insurance Company, Ltd., Inc., the compensation carrier, intervened as a party plaintiff by reason of its having paid the death claim arising out of the collision. Based upon a jury verdict…