Perkins v. Texas and New Orleans R. Co.

Tanner Perkins was killed when the car he rode in, driven by Joe Foreman, failed to stop at a railroad crossing despite a stop sign, ringing bell, and train whistle, and was struck by a train traveling 37 miles per hour, 12 miles per hour over the speed limit. It was undisputed that Foreman's own negligent driving was a proximate cause of the deaths, but Perkins's widow (plaintiff) also sued the railroad (defendant), arguing the train's excessive speed made its operators negligent as well; the trial court and court of appeal both ruled for the widow, and the railroad appealed.