Missouri-Kansas-Texas R.R. v. McFerren
Supreme Court of Texas
291 S.W.2d 931 (1956)
McFerren (plaintiff) sued the Missouri-Kansas-Texas Railroad (defendant) for the wrongful death of McFerren's husband in a railroad crossing accident. The only eyewitness to the accident was a railroad employee. At trial, the railroad employee testified that the husband was negligent in not coming to a full stop at the crossing. The judge admitted McFerren's testimony that her husband habitually stopped at the crossing before proceeding. The jury issued a verdict for McFerren. The railroad appealed to the Supreme Court of Texas, arguing that evidence of the husband's habit and custom on other occasions was inadmissible to prove the husband's behavior at the time of the accident.
Rule of Law
Holding and Reasoning (Calvert, J.)
Dissent (Smith, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 175,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.