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MARTIN v. TEXAS & PACIFIC RAILWAY COMPANY

No. 15443.

317 S.W.2d 577 (1958)

Mrs. Beatrice MARTIN et al., Appellants, v. The TEXAS & PACIFIC RAILWAY COMPANY, Appellee.

Court of Civil Appeals of Texas, Dallas.

October 3, 1958.

Attorney(s) appearing for the Case

Gallagher, Francis, Bean, Wilson & Berry, Judson Francis and J. O. Bean, Dallas, for appellants.

Robertson, Jackson, Payne, Lancaster & Walker, and D. L. Case, Dallas, for appellee.

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...

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