Kirkland v. Texas & Pacific Railway Co.

FRASER, Chief Justice.

This is an appeal from a judgment rendered by the District Court of Ector County, Texas. Plaintiffs-appellants brought suit for damages for the death of Don Kirkland and for property loss arising out of a grade crossing collision between a train owned by appellee and a tractor-trailer gasoline transport truck driven by Don Kirkland. The case was tried to a jury and judgment was rendered by the court in favor of the defendant.

The jury, in answer to special issues, found that at the time and on the occasion in question the defendant railway company’s train was'being…