Texas & New Orleans Railroad v. Solgaard

In our former opinion, 149 Texas 181, 229 S.W. 2d 777, we remanded this cause to the Court of Civil Appeals for it to pass on certain assignments of error made by the petitioner herein— appellant in that court — and which were not passed upon in its original opinion.

In its opinion affirming the judgment of the trial court, 236 S. W. 2d 673, the Court of Civil Appeals stated we had decided that the trial court was not in error in overruling the petitioner’s motion for an instructed verdict. This we did not do, as is specifically stated in our opinion. However, we have carefully studied the…