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Missouri-Kansas-Texas R.R. v. McFerren

Supreme Court of Texas

291 S.W.2d 931 (1956)

Relevant factsFree

McFerren (plaintiff) sued the Missouri-Kansas-Texas Railroad (defendant) for the wrongful death of her husband in a railroad crossing accident; the only eyewitness was a railroad employee, who testified the husband failed to stop at the crossing. The trial judge nonetheless admitted McFerren's testimony that her husband habitually stopped at the crossing before proceeding, and the jury found for McFerren; the railroad appealed, arguing habit evidence should have been excluded given the availability of eyewitness testimony.

IssueFree

Whether, if eyewitness testimony is available, evidence of habit and custom is admissible to prove conduct on the occasion in question.

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