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Thompson v. Creech

284 S.W.2d 256, 1955 Tex. App. LEXIS 2194
Court of Appeals of Texas·Decided October 27, 1955·No. No. 12794·Published·Cited by 4 cases

Opinion

HAMBLEN, Chief Justice.

The appellees, being the wife, children, father and mother, of Alvin Benton Creech, deceased, sued the appellant for damages for the alleged wrongful death of Alvin Benton Creech at the hands of appellant, when he was struck by its streamlined passenger train, “Valley Eagle”, at about 4:00 p. m., April 25, 1949, near Kings-ville, Kleberg County, Texas, on appellant’s trestle across San Fernando Creek. The deceased had gone up the trestle, which was about 200 feet in length, with a companion, William Lafayette Lee, and the men were about midway the trestle when they discovered the approach of the train, which was traveling at a rate of speed estimated to be from 60 to 75 miles per hour. Upon discovery of the train, the men attempted to outrun the train.

Special issues were submitted to the jury, over appellant’s objection, on the doctrine of discovered peril, and damages. The jury answered such issues in favor of the plaintiffs, awarding damages in the sum of $27,659.

At this Court’s request, the respective counsel for the parties on both sides have prepared a map, or plat, of the scene of the collision, the original of which, signed by the respective counsel for both sides, is attached to and made a part of this opinion, as “Exhibit A.”

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Thompson v. Creech, 284 S.W.2d 256, 1955 Tex. App. LEXIS 2194 (Tex. Ct. App. 1955).

284 S.W.2d 256 (Thompson v. Creech) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Creech v. Thompson
297 S.W.2d 817 (Texas Supreme Court, 1957)