Texas & NO Railroad Co. v. Lemke

GRIFFIN, Justice.

This is a suit by the legally authorized guardian of Tony Allen Lemke and Richard Roy Lemke against the Texas & New Orleans Railroad Company, as defendant, to recover damages in excess of $100,000.00 resulting from the death of plaintiffs’ parents when the automobile in which the parents were riding was struck by a thirteen-car passenger train pulled by a three diesel unit locomotive and traveling in a westerly direction at a road crossing about one and one-half miles west of Sugarland, Texas.

In a trial before a jury, all special issues covering primary negligence and two…