Panhandle & Sante Fe Railway Co. v. Napier

Mr. Judge German

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

This suit was instituted in the District Court of Pecos County by J. N. Napier as plaintiff, and he will be so designated here. It was against the Panhandle & Santa Fe Railway Company as defendant, and it will be so referred to here.

A judgment was rendered in the district court in favor of plaintiff for a large sum, and this was affirmed by the Court of Civil Appeals. 117 S. W. (2d) 826.

The jury failed to make findings on a number of questions involving contributory. negligence on the part of plaintiff, and the only…