Tanner Perkins was riding in a car driven by Joe Foreman. As Foreman approached a railroad crossing, he did not stop despite a stop sign, a bell ringing, and an oncoming train’s whistle. The train struck the car, killing Foreman and Perkins. It is undisputed that Foreman’s negligence in driving the car was a proximate cause of Perkins’s death. The evidence is in dispute as to how fast Foreman and Perkins were going at the time of the crash. The train was traveling at 37 miles per hour, 12 over the speed limit, making the trainmen negligent as well. Perkins’s widow (plaintiff) brought suit against the train’s owner, Texas and New Orleans Railroad Co. (Texas and New Orleans) (defendant). The district court ruled in favor of Perkins’s widow and the court of appeal affirmed. Texas and New Orleans appealed.