Missouri, K. & T. Ry. Co. of Texas v. Churchill

It is insisted in the motion for rehearing that, under the holding in the Dickey Case, 108 Tex. 126, 187 S. W. 184, cited in the original opinion, the Court of Civil Appeals erred in refusing to consider defendant’s first assignment of error, which is based on certain objections to the charge of the court. The Court of Civil Appeals refused to consider this assignment, because it did not appear that the objections to the . charge were presented to the trial court before the main charge was read to the jury. While the Dickey Case holds that.it is not necessary to show by formal bill of…