Texas N. O. R. Co. v. Grace

MURRAY, Justice.

On April 15, 1943, Josh Grace was killed by a freight train of the appellant, Texas & New Orleans Railroad Company, in the town of Livingston. The deceased had been drinking intoxicants during the day and was sitting on the railroad track on the end of a tie, with his back to the rail, with his head on his hands, at a place where the railroad track goes through Livingston, between two main thoroughfares of that town. The train consisted of 46 loaded cars and a caboose and an engine. The railroad track at that point is on a considerable upgrade and curves slightly to the west…