Texas High Court Clarifies Railroad Tort Law

Law360, New York (October 27, 2009, 5:10 PM EDT) -- Texas' high court has ruled in favor of Union Pacific Railroad Co. in a wrongful death suit, finding that the company had no obligation to keep its railroad crossings clear of sight obstructions and clarifying federal preemption of state tort law claims related to motorist warnings.

A railroad’s duty is “to give adequate warning of approaching trains,” the Texas Supreme Court ruled on Friday, overturning two lower court decisions in favor of the plaintiff and deciding that reflective tape applied at railroad crossings is a “warning...
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