Lee v. Gulf, C. & S. F. Ry. Co.

McClendon, Chief justice.

About mid afternoon on March 7, 1939, appellant, Lee, was traveling north on Avenue D in the northern portion of the City of Lampasas, in a “Model A Ford pick up”, when he was forced off the roadway by a car traveling in the opposite direction. His car ran into a ditch on the east side of the road, and tilted over, resulting in personal injuries to himself, and property damage to his car. The ditch at the place of the occurrence was within the area comprizing the intersection of Avenue D and the right of way of appellee railway company, and Lee sued the company for…