Pyle v. Southern Pacific Transportation Co.

774 S.W.2d 693, 1989 Tex. App. LEXIS 1468, 1989 WL 81371
CourtCourt of Appeals of Texas
DecidedJune 1, 1989
Docket01-88-00227-CV
StatusPublished
Cited by22 cases

This text of 774 S.W.2d 693 (Pyle v. Southern Pacific Transportation Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pyle v. Southern Pacific Transportation Co., 774 S.W.2d 693, 1989 Tex. App. LEXIS 1468, 1989 WL 81371 (Tex. Ct. App. 1989).

Opinions

OPINION

DUNN, Justice.

This is an appeal from a take-nothing judgment arising from an automobile and train collision. A jury found appellant, Linda L. Pyle, the driver of the automobile in the collision, negligent, and that her negligence proximately caused the accident. The jury failed to find that the railroad crossing in question was extra-hazardous.

Appellants bring eight points of error concerning the admissibility and exclusion of evidence, and the court’s refusal to submit a negligence issue to the jury.

On February 2, 1983, appellant Linda Pyle was injured at the Stiles Road crossing by an oncoming train that ran into the appellant’s car. Her car was stopped on the railroad tracks. The train involved in the collision was owned and operated by the appellee, Southern Pacific Railroad Company. The Stiles Road crossing was protected by a cross-back sign, a stop sign, and a sign located directly beneath the stop sign that stated “Do Not Stop On Tracks.” The crossing did not have any gates or flashing lights at the time of the accident. The track runs parallel to U.S. Highway 90, and the intersection of U.S. Highway 90 and Stiles Road, which is controlled by a traffic signal, is approximately two car lengths from the railroad crossing.

In addition to the appellant’s accident, between 1973 and 1983, there were at least six other auto-train collisions at the Stiles crossing that involved injuries and fatalities. In order to prove the extra-hazardous condition of the crossing, the appellants attempted to enter — these accident reports into evidence. Following objections by the appellee that the prior accidents were not reasonably similar, the court admitted one of the accident reports (the Tremont accident) and excluded the other five from evidence. Also, a City of Sugar Land resolution, which reflected the City’s opinion that the crossing is very hazardous, was excluded. The jury did not find the crossing to be extra-hazardous.

Appellants contend that the trial court improperly excluded evidence that would have proved the Stiles Road crossing was extra-hazardous. They urge, in their first point of error, that the trial court erred in excluding from evidence five of the six previous auto-train collisions that occurred at the crossing, and that this error caused the rendition of an improper judgment.

Before evidence of prior accidents at the railroad crossing is admissible, a plaintiff is required to show that the earlier accidents occurred under reasonably similar, although not necessarily identical, circumstances. Missouri Pac. R.R. Co. v. Cooper, 563 S.W.2d 233 (Tex.1978). The appellants have the burden of proving that the railroad crossing is extra-hazardous. It is only on crossings that are found to be extra-hazardous that the railroad has a higher duty to use extraordinary means to warn travelers along the road. Missouri Pac. R.R. Co. v. Cooper, 563 S.W.2d at 235.

Following is a summary of the excluded accidents:

1) Jones accident, August 1983 — It occurred during the early afternoon hours. The car was southbound, the train eastbound. There was a stop sign.
2) Raborn accident, March 1980 — It occurred in the evening. The car was northbound, the train was eastbound. There was a stop sign.
3) Frohoff accident, May 1977 — It occurred in the evening. There was no stop sign. The car was southbound, the train westbound.
4) Kahl accident, April 1973 — It occurred in the morning hours. The car was southbound, the train was eastbound. There was no type of traffic control signal.
5) Garcia accident, April 1973 — It occurred at noon. The car was traveling southbound when it stalled crossing the tracks. The driver saw the train and left the car. There was no type of traffic control signal.

[695]*695The record reveals that an expert testified that the accidents were similar in that they involved cars broadsided by a train, where the car was knocked off the road and injuries to the occupants occurred. At the Stiles Road crossing, there was a traffic control signal about two car lengths beyond the railroad track and the location was a high traffic area.

Applying the standard that accidents do not have to be identical, but only reasonably similar, we find that all of the above accidents occurred under reasonably similar circumstances, and should not have been excluded by the court. There is no requirement that the conditions of the prior accident be identical, as the jury is perfectly capable of evaluating whatever minor variations may exist, along with the other elements of the case. Klorer v. Block, 111 S.W.2d 754 (Tex.App.—San Antonio 1986, no writ).

In making the determination as to whether or not the exclusion of the accident reports by the court constituted harmful error, we must examine the entire record. First, we observe that the appellant bears a heavy burden of proof to sustain an extra-hazardous finding. The establishment of such a finding does not rest on one or two occurrences. Many elements and circumstances must be considered in determining whether the crossing is extra-hazardous. In this case, there is much proffered evidence by way of accident reports to show the extra-hazardous nature of the Stiles Road crossing. See Ford v. Nowak, 638 S.W.2d 582 (Tex.App.—Corpus Christi 1982, writ ref d n.r.e.).

Additionally, the court refused to allow appellant’s expert to testify as to the accidents which formed the basis of his opinion that the crossing was extra-hazardous. Lewis v. Southmore Sav. Ass’n, 480 S.W.2d 180 (Tex.1972). However, the court in Lewis allowed the expert to base his testimony not only on facts which he personally observed, but also, in part, upon the reports of others, not in evidence, if it was customary to rely on such reports in the practice of that profession.

The situation could have been compounded by the court’s admission of only one prior accident report, the Tremont accident. The appellants’ expert testified that the normal 10 year average was 2.6 accidents at a crossing. The jury heard that the expert based his opinion, that the crossing is extra-hazardous, on the accident history of the intersection. The jury, however, was prevented from hearing and learning the basis for his opinion. This could have led the jury to believe that the accident in this case, and the one prior accident admitted by the court, were below the 10 year average, and the crossing, therefore, was not extra-hazardous. An expression of an opinion, as to whether something is extra-hazardous, would certainly not carry the same weight as the knowledge that seven similar accidents had occurred at the crossing during a 10 year period in which 2.6 is the average.

We find that the exclusion of the accidents was harmful error because such exclusion was reasonably calculated to cause, and probably did cause the rendition of an improper judgment in this case. Tex.R. App.P. 81(b)(1).

Appellants’ first point of error is sustained.

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Pyle v. Southern Pacific Transportation Co.
774 S.W.2d 693 (Court of Appeals of Texas, 1989)

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Bluebook (online)
774 S.W.2d 693, 1989 Tex. App. LEXIS 1468, 1989 WL 81371, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pyle-v-southern-pacific-transportation-co-texapp-1989.