(Download) "Missouri Pacific Railroad Company v. Marshall Lane" by Sixth District, Texarkana Court of Appeals of Texas ~ Book PDF Kindle ePub Free
eBook details
- Title: Missouri Pacific Railroad Company v. Marshall Lane
- Author : Sixth District, Texarkana Court of Appeals of Texas
- Release Date : January 21, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
Missouri Pacific Railroad Company appeals a judgment awarding appellees $373,046.39 for the wrongful death of Marvin Lane. Lane was killed when his pickup truck was struck by a Missouri Pacific freight train. The jury found that the crossing where the accident occurred was extra-hazardous, and it found Missouri Pacific negligent in failing to have an automatic signal, crossing gate or flagman at the crossing, and in failing to promptly and properly apply the train brakes before the collision. The jury found that Lane was contributorily negligent in failing to keep a proper lookout, but failed to find that his failure was a proximate cause of the accident. The jury also refused to find Lane negligent in failing to get out of the truck after he saw the train. On appeal, Missouri Pacific challenges the sufficiency of the evidence to support the adverse findings of negligence and damages, and contends that the failure to find negligence and proximate cause against Lane is against the great weight and preponderance of the evidence. We affirm.