Texas and Pacific Railway Company v. Hoyle

OPINION

FRASER, Chief Justice.

On November 15, 1964 a Texas and Pacific Railway train collided with an automobile that was on the train track and knocked the automobile into and over the driver of the automobile, plaintiff-appellee Jewell Hoyle. He was trying to escape from the automobile as the train hit it. It is alleged that one Inez Baker, a woman of some 30 years of age, had been crossing at this point when her car stalled. In order to understand the background of this incident, it is well to point out that Lee Street, in Midland, Texas, intersects both the railroad and Highway 80 going to…