Smith v. Texas & Pacific Railway Co.

Mr. Judge Folley,

of the Commission of Appeals, delivered the opinion for the Court.

This cause is a companion case to that of Atchison v. Texas & Pacific Railway Company this day decided by this court. (This volume 466, 185 S. W. (2d) 228.)

It is an action by the petitioner, Edgar Smith, against the respondent, Texas & Pacific Railway Company, to recover damages for injuries sustained by his wife, Mrs. Elva Smith, when the automobile she was driving collided with that of a third party upon a highway adjacent to respondent’s railroad while the highway was enveloped in smoke from a grass fire…