Southern Pacific Company, Successor and Assign of Texas and New Orleans Railroad Company v. Ruth Matthews, Et Vir

JONES, Circuit Judge.

Ruth Matthews and her husband, L. D. Matthews, recovered judgment against the appellant railroad company for personal injuries sustained when a train of the appellant struck an automobile, driven by L. D. Matthews in which his wife, Ruth Matthews, was a passenger, at a grade crossing in the town of Tenaha, Texas. The car was struck on the right side by a train composed of freight ears backing over the crossing. Ruth Matthews was sitting on the right of the front seat' and was injured. The negligence of the railroad is not questioned. The only issue on this appeal is…