Texas & Pacific Railway Co. v. Brown

Mr. Judge Slatton,

of the Commission of Appeals delivered the opinion for the Court.

This is an action for damages brought by Mrs. Katheron Brown against the Texas & Pacific Railway Company as a result of a grade crossing accident. A jury trial resulted in a special issue verdict upon which the trial court rendered judgment in favor of Mrs. Brown for the sum of $15,445.00. The Court of Civil Appeals at El Paso affirmed the judgment on the findings of the jury, which submitted the theory of discovered peril. (Opinion not published). The railway company contends that the issue submitting the…