Smith v. El Paso N.E. R. Co.

On Second Motion for Rehearing.

PELPHREY, Chief Justice.

Among other grounds for a rehearing, ap-pellees present the following:

“(3) The court erred in holding under the facts in this case that after Sears discovered the Smith ear approaching the crossing and could reasonably infer that the driver would likely undertake to cross the track, it was his duty to use the facilities at hand to prevent a collision either by stopping or lessening the speed of his train and that he had no right to wait until he was absolutely certain that the deceased was going into a place of danger before taking the…