Zeringue v. Texas & Pacific Railway Co.

JANVIER, Judge.

Plaintiffs-appellees are a brother and four sisters of Clement J. Zeringue, who was killed at about 9:35 o’clock at night on May 10, 1964, when the automobile which he was driving was struck and demolished by a diesel locomotive of Texas & Pacific Railway Company at a road crossing in the unincorporated settlement known as Luling, about 12 or 13 miles upriver, on the west bank of the Mississippi River.

The locomotive was being operated by the engineer, R. W. Waller. Plaintiffs brought this suit against both the railway company and Waller, alleging various acts of negligence on…