Pablo Muniz Et Al. v. Panhandle & Santa Fe Railway Company

This appeal is from a single judgment rendered in three separate suits filed in the trial court and consolidated for trial by the trial court. The cases each arose out of the same collision which occurred between a Panhandle & Santa Fe Railway freight train and a 1950 Chevrolet automobile about 4:30 oclock p.m. on August 22, 1953, at the intersection of the railroad track with Baylor Street in the north edge of the City of Lubbock while the train was proceeding south and the automobile was proceeding east on Baylor Street. There were three occupants in the automobile at the time of the collision, namely, Pascual Muniz, age 27 years, and his brother, Gilbert Muniz, age 19 years, and Rual Cervantes, age 20 years, and only Gilbert Muniz survived the collision, and he was injured, the other two named occupants having been killed as a result thereof. The proper surviving relatives of the two who were killed and Pablo Muniz, the father of Gilbert Muniz, as next friend of him as a minor, all as appellants herein, sued appellee, Panhandle & Santa Fe Railway Company, for a total sum of $307,500, as a result of alleged damages by reason of the collision.