Legal Opinion

Missouri-Kansas-Texas Railroad Co. v. Wagner

Court of Appeals of Texas

Decided January 20, 1966No. 4387PublishedCited by 12 opinions

1Opinion of the Court

TIREY, Justice.

Plaintiff brought the action against the railroad for damages for personal injuries arising out of an automobile-train collision at a rural crossing approximately 12 miles from the City of Waco and from the City of West. A jury verdict resulted in damages being awarded against the railroad. It is our view that the controlling facts are without dispute. The collision occurred around 10:20 P.M., at a point where the farm road 1858 crosses the railroad track near Tokio in McLennan County, Texas. Plaintiff was the sole occupant of his automobile and it collided with the lighted…

2Cases cited2 opinions

  1. Fort Worth & Denver Railway Company v. WilliamsTexas Supreme Court · 1964
  2. Texas & N. O. R. v. StrattonCourt of Appeals of Texas · 1934

3Cited by12 opinions

  1. Missouri Pacific Railroad v. CooperTexas Supreme Court · 1978
  2. Southern Pacific Transportation Co. v. PeralezCourt of Appeals of Texas · 1976
  3. Walker v. Texas Electric Service CompanyCourt of Appeals of Texas · 1973
  4. Lilly Fitch, Individually, and as Next Friend of Donna Diane Fitch v. Missouri-Kansas-Texas Transportation Company, D/B/A M-K-T Railroad.Court of Appeals for the Fifth Circuit · 1971
  5. Missouri Pacific Railroad Company v. DeanCourt of Appeals of Texas · 1967

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