Osuna v. Southern Pacific Railroad

SONDOCK, Justice.

This is a railroad crossing collision case brought by Eva Osuna against Southern Pacific Railroad. The trial court granted summary judgment in favor of Southern Pacific. The court of appeals affirmed the judgment. 627 S.W.2d 245. We reverse the judgments of the courts below because of material fact issues in regard to the defendant’s alleged negligence.

The accident in question occurred at 1:00 A.M., November 7, 1977, where defendant’s single set of tracks cross U.S. Highway 183, approximately 1.3 miles north of the City of Leander, in Williamson County. The railroad generally…