McBeth v. Texas & Pacific Railway Company

OPINION

LANGDON, Justice.

Summary judgment case.

Appellant, J. B. McBeth, individually and as Next Friend of his minor son, Roger Me- Beth, seeks to recover a monetary judgment against appellee, The Texas & Pacific Railway Company, for injuries and damages arising out of an automobile-train collision which occurred at a grade crossing on Southwest 23rd Street in Grand Prairie, Texas, on the morning of January 14, 1964. Appellee’s motion for summary judgment was granted.

The record before this Court reveals the following undisputed facts:

Roger McBeth, born in Longview, Texas, on April 10, 1946…