Texas & P. Ry. Co. v. King

In support of its assignment that the trial court erred when he refused its request that he instruct the jury to return a verdict in its favor, appellant does not question the sufficiency of the evidence to authorize the findings that it was guilty of actionable negligence, in that it operated the train at an unusual and excessive rate of speed, and in that it failed to ring the bell of the engine as it approached the crossing. Its contention is that a judgment against it on either of those grounds of negligence was unwarranted because of the finding of the jury that deceased was guilty of…