Missouri Pacific Railroad Company, Petitioner v. American Statesman, Respondent

Summary

The Texas Supreme Court reversed the trial court and Court of Civil Appeals, holding that the American Statesman's failure to provide the statutorily required 22‑foot clearance was an unexcused negligence per se that constituted a proximate cause of the boxcar collision as a matter of law. The Court reasoned that the statute applies to the newspaper, no permissible excuse existed, and the violation made the injury foreseeable, rendering the railroad’s waiver ineffective. Judgment was entered for Missouri Pacific. Justice Reavley, dissenting, argued that the foreseeability element was not established and that the railroad’s assurance should preclude liability.