Fox v. Gulf, C. & S. F. Ry. Co.

LANE, Justice.

I respectfully dissent from the action of the majority of this court in affirming the judgment of the trial court.

' The suit,' as shown, was one brought by the mother for the death of her son, which she alleged was occasioned by reason of several alleged acts of negligence on the part of the defendant railway company. There was'evidence raising the. issue'of negligence as alleged offered by the plaintiff. • To rehut this evidence, defendant placed upon the stand as a witness in its' behalf one A. G. Fish. On direct examination said witness testified that he had been in the…