Texas Mexican R. Co. v. Bunn

NORVELL, Justice.

This is a railway crossing collision case. By its first point, the appellant railroad company asserts its principal contention that appellee was guilty of contributory negligence as a matter of law. As counter thereto, appellee says that his evidence supports the theory that the appellant’s Diesel switch engine silently and without warning emerged from the darkness of the night into the street immediately in front of ap-pellee’s automobile, and thus negligently caused the collision and appellee’s resultant damages. Other subsidiary points are *521raised by the brief, and those…