Texas & Pacific Railway Co. v. Day

This is an action brought by Bryson Day against the Texas & Pacific Railway Company growing out of a grade crossing collision in the city of Odessa about midday February 18, 1944. Day was driving his automobile northwardly along a frequently travelled street and appróached what was known as the “ice factory crossing,” with which he was quite familiar. He stopped some 51 feet south of the middle of three tracks which traverse this crossing and waited for an eastbound freight train moving along the middle track to clear the intersection. Day testified that when the freight train had gone 50 or…