Figula v. Fort Worth & D. C. Ry. Co.

BROWN, Justice.

Appellant and his wife and baby were riding in the family automobile, within the city limits of the City of Fort Worth, using a public thoroughfare that crosses the tracks of the “Rock Island” Railroad, which tracks were being used by appellee, Fort Worth & Denver City Railway Company, on 'which to operate its modern, “streamlined” passenger train that was propelled by a Deisel engine.

Appellee’s train is capable of great speed and is an innovation in this part of the land.

Instead of being equipped, as is provided by statute (Article 6371, Revised Civil Statutes, Vernon’s Ann.…