Verble v. Schaff

The plaintiff in error brought this suit in the district court against the defendant as receiver of the Missouri, Kansas & Texas Railway Company of Texas for damages for personal injuries. Plaintiff recovered judgment in the trial, court, and this judgment was by the Court of Civil Appeals reversed and remanded. 240 S. W. 597. Writ of error was granted by the Supreme Court, with the following notation:

“We are not certain that the Court of Civil Appeals is right in holding that the issue of discovered peril was not raised by 'the evidence.”

The Court of Civil Appeals did not render the…