Cincinnati, New Orleans & Texas Pacific Railway Co. v. Ferguson

CULLEN, Commissioner.

At 9 a. m. on November 8, 1961, a gravel truck being operated by Paul Ferguson was struck by a freight train of the Cincinnati, New Orleans & Texas Pacific Railway Company on a grade crossing in the outskirts of the city of Georgetown. Ferguson sustained severe injuries. In his action for damages against the railroad company and its engineer he recovered judgment for $157,861.40. The defendants, appealing from the judgment, assert as their principal argument that Ferguson was con-tributorily negligent as a matter ■ of law and therefore the trial court erred in overruling…