Texas & P. Ry. Co. v. Williams

(after stating the case as above).

The appellant reguested a peremptory instruction to the jury to return a verdict in its favor, and predicates error upon the refusal to give it. In the circumstances shown in the record it is believed that the appeal is ruled by the cases of Missouri, K. & T. Ry. Co. of Texas v. Baker, 99 Tex. 452, 90 S. W. 860, and Gulf, C. & S. F. R. Co. v. Anson, 101 Tex. 198,1(6 S. W. 989, 990. The above cases have been followed; see Davis v. Wilson (Tex. Civ. 'App.) 241 S. W. 562. It is reasonably certain in the circumstances shown that the mule was struck with great…