(DOWNLOAD) "Eva Osuna v. Southern Pacific Railroad" by The Supreme Court of Texas No. C-1121 ~ eBook PDF Kindle ePub Free
eBook details
- Title: Eva Osuna v. Southern Pacific Railroad
- Author : The Supreme Court of Texas No. C-1121
- Release Date : January 27, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
Ruby Kless Sondock, Justice This is a railroad crossing collision case brought by Eva Osuna against Southern Pacific Roalroad. The trial court granted summary judgment in favor of Southern Pacific. The court of appeals affirmed the judgment. 627 S.W.2d 245. We reverse the judgments of the courts below because of material fact issues in regard to the defendant's alleged negligence. The accident in question occurred at 1:00 A.M., November 7, 1977, where defendant's single set of tracks cross U.S. Highway 183, approximately 1.3 miles north of the City of Leander, in Williamson County. The railroad generally runs perpendicular to the highway, but the road turns 45 degrees to the right some 350 feet away from the crossing and intersects with the railroad tracks at that angle. Various warnings are positioned along the highway, including the usual round yellow metal sign approximately 600 feet from the crossing, the large X and R painted on the surface of the highway, and the familiar black and white cross-board sign next to the crossing. In addition, an automatic signal device with two lights is stationed on the pole immediately below the cross-boards.
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