May v. Missouri-Kansas-Texas Railroad

OPINION

JAMES, Justice.

This is a railroad crossing accident case between Plaintiff’s motor vehicle and a flatcar of Defendant’s freight train parked on the crossing. After jury verdict a judgment was entered that Plaintiff take nothing, from which Plaintiff appeals. We reverse and remand for a new trial on the merits.

Plaintiff-Appellant Craig B. May brought this suit against Defendant-Appellee Missouri-Kansas-Texas Railroad Company for personal injuries and damages arising out of the auto-train collision hereinabove mentioned. At or about 1:40 AM in the early morning hours of June 13, 1976,…