Buxkemper v. Missouri-Kansas-Texas Railroad

GRAVES, Justice.

Appellant, Emil Buxkemper, was injured, and his wife killed, at a public highway-crossing at New Ulm, Texas. They were the sole occupants of an automobile, which sustained a collision ‘ with the engine of appellee’s passenger train. It was daylight. Mr. Buxkemper was driving.

The train was proceeding in a southerly direction, as it approached the crossing. The track was straight. The engineer was at the 'controls on the right hand side of the cab. He did not see, and, because of his location, could not have seen, the Bux-kemper automobile, as it approached the crossing.

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