Martin v. Texas & N. O. R.

CODY, Justice.

This is a suit by appellant to recover for injuries to his person and to his automobile, resulting when his car and one of ap-pellee’s switch engines collided at night at a crossing in Houston. The case was submitted on special issues which, as answered by the jury, convicted appellee of negligence in one respect, while convicting appellant of negligence in eight respects. But the jury also found the issues on discovered peril in appellant’s favor, which, if the evidence sustained the answers, of course rendered appellant competent to recover judgment, though convicted of…