Community Natural Gas Co. v. Henley

The writ of error was granted on ithe second assignment of error, which calls in question the holding of the Court of Civil Appeals that there was evidence justifying the submission of special issue No. 1 whether the employees of the defendant company placed the slab of concrete across the ditch upon which Mrs. Henley fell.

After a careful consideration of all the testimony we are unable to concur in the holding by the Court of Civil Appeals on the question. The only testimony quoted by that court to sustain its holding is that given by *11the witness Spencer, which is as follows: “There was…