Martin v. Texas & Pacific Railway Co.

DIXON, Chief Justice.

Joseph N. Martin was fatally injured June 5, 1956, when struck by a railroad motor car on the tracks of the Texas & Pacific Railway Company near the railroad’s double track intersection with Loop 12 and the Dallas-Ft. Worth Toll Road. Suit for damages was instituted by appellant Beatrice Martin, deceased’s widow, joined by deceased’s grown sons and daughters.

A jury returned a verdict in which it found that both the Railway Company and Martin were guilty of negligence. On issues of discovered peril, the findings were against the Railway Company and in favor of deceased…