St. Louis, B. & M. Ry. Co. v. Blair

In a motion for rehearing, counsel fpr appellant very earnestly and forcibly insist that we are not authorized to affirm the judgment of the trial court upon the answer of the Supreme Court to the question certified to that court [39 S.W.(2d) 826], because the controlling issue in the case was not the question of proximate cause, but was whether, under article 6402 of the Revised Civil Statutes (]925), appellant, upon the facts found by the jury, could be held liable for the death of ap-pellee’s cows which were not killed by any' negligence in the operation of appellant’s train, and the place…