Texas Supreme Court
Missouri-Kansas-Texas Railroad Company of Texas v. Ruth Adele McFerrin
May 23, 1956156 Tex. 69
Summary
The Texas Supreme Court reversed and remanded the wrongful‑death judgment, holding that the statutory duties at railroad grade crossings are conditional and must be interpreted using the reasonable‑person standard, that the train was plainly visible and in hazardous proximity as a matter of law, that the evidence did not conclusively show the motorist failed to stop, and that the admission of habit evidence was error not harmless. Justice Garwood, in a concurring opinion, agreed with the result but argued the statutory phrases should be defined by the reasonable‑care test.