Estate of Clifton v. Southern Pacific Transportation Co.

McGEE, Justice.

This is a wrongful death case. Ronald Athey, James Bozeman and Horace Clifton were killed when the van in which they were riding was struck by a freight train owned by Southern Pacific Transportation Company. Diane Athey, Faye Bozeman and Linda Clifton sued Southern Pacific and Rusty Reams, the train’s engineer. The jury found Reams was not negligent but that Southern Pacific was, and accordingly, the trial court rendered judgment against Southern Pacific. On appeal, the court of appeals reversed the trial court’s judgment and remanded the cause for a new trial. 686 S.W.2d 309…