Blakney v. Panhandle & Santa Fe Railway Company

CLAYTON, Justice.

This is a suit for damages arising out of the death of Kenneth Ray Blakney, who was killed as a result of a collision between the automobile in which he was a passenger, being driven by Larry Edward Smith, and a flatcar on the appellee’s train which partially blocked a crossing in Fort Stockton, Texas. The incident occurred just past midnight on the morning of October 30, 1959, at the intersection of the railroad crossing and U. S. Highway 290. The driver of the automobile also was killed. Suit was on behalf of the widow and minor son of Blakney. On a judgment for appel-lee…