St. Louis, Southwestern Railway Co. of Texas v. Duffy

DIXON, Chief Justice.

The opinion on rehearing heretofore submitted in this case is withdrawn and the following opinion is substituted:

In my opinion the appellees’ motion for rehearing should be sustained.

Appellee-plaintiff was a guest passenger in an automobile driven by another person. At about 8:35 P.M. on the night of February 16, 1955, the automobile was driven almost head on between two coupled freight cars of a standing freight train,, which was blocking the crossing where Belt Line Road crosses the railroad tracks. The car in which appellee was a passenger had', been proceeding west on…