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

Summary

The Texas Supreme Court reversed the lower courts and held that the American Statesman's statutory violation of the 22‑foot clearance requirement was negligence per se and that this negligence was a proximate cause of the boxcar collision as a matter of law, rendering the railroad not liable. The Court also rejected the railroad's claim that its employee's assurance waived the statutory requirement.