Missouri, Kansas and Texas Railway Company of Texas v. J. D. Rogers.

Summary

The Texas Supreme Court reversed the lower courts, holding that a railroad has no legal duty to keep its right-of-way free of obstructions and that the jury charge stating otherwise was erroneous. The Court also required a proper instruction on the plaintiff's duty to look and listen at a crossing and rejected the notion that the negligence of a third party riding with the plaintiff defeats recovery.