Panhandle & S. F. Ry. Co. v. Laird

This action was brought by Laird against the railway company for damages for personal injuries and for injury to an automobile, by coming into collision with appellant’s train at a crossing on the public highway. The jury found the appellee was guilty of contributory negligence, thereby eliminating all issues except the issue of discovered peril, upon which the judgment herein is based. It is alleged in effect in appel-lee’s petition that just before the plaintiff’s injury appellant’s servants discovered him coming towards the crossing, and discovered that he and his automobile were in peril…