Southern Pacific Company v. Castro

POPE, Justice.

Arthur Castro’s widow, Aurora Castro, and their children obtained a judgment against Southern Pacific Company, its engineer, and fireman, for damages arising out of Castro’s death at a railroad intersection in Floresville, Texas. The court of civil appeals affirmed the judgment of the trial court. 473 S.W.2d 577. The question presented by this appeal is whether the jury verdict will support the conclusion of the courts below that Castro’s contributory negligence in violating Section 86(c) of Article 6701d, Vernon’s Ann.Texas Civil Stats., was excused. We hold that it was not. We…