Haass v. Galveston, Harrisburg & San Antonio Railway Co.

HEILL, Associate Justice.

This is the second appeal in this case. Our opinion on the first will be found reported in 19 Texas Civil Appeals, 645, and as the pleadings upon which the case was last tried are the same as on the first trial, we refer to the opinion on the former appeal for a statement of them. The judgment now appealed from was entered upon a verdict returned in obedience to a peremptory instruction of the court to the jury to find for the defendant.

We have carefully examined the statement of facts in the record now before us, and as the evidence is in no respect materially…