Missouri Pacific Railroad Company v. Tide LPG, Inc.

OPINION

NYE, Justice.

This is a damage suit brought by the ap-pellee against the railroad predicated in part upon the doctrine of discovered peril. The jury answered the discovered peril issues favorable to the plaintiff, whereupon the railroad has perfected its appeal.

The appellee owned and operated trucks distributing liquid petroleum gas. One of these trucks became stuck and a second one was sent to pull it out. The driver of the second truck, a Mr. J. C. Hall, took a wrong turn off a paved road onto a caliche road that crossed the defendant’s railroad track. In trying to return to the…