Houston East & West Texas Railway v. Kopinitsch

Mb. Judge BISHOP

delivered the opinion of the Commission oE Appeals, Section A.

The Court of Civil Appeals for the First Supreme Judicial District has certified to the Supreme Court the question as to whether the evidence hereinafter quoted presents for the jury the issue of discovered peril. The evidence is as follows:

“Mitchell, the driver of the automobile, testified:

“ ‘The accident happened, I would judge, between eight thirty and nine o’clock in the morning; at the crossing that I understand was at Mount Houston. At the time the train collided with said automobile at the crossing I was…