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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.)

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