Gulf, Colorado & Santa Fe Railway Co. v. Roane

FISHER, Chief Justice.

We adhere to the views expressed in our original opinion, to the effect that the evidence is sufficient to authorize the plaintiff to recover, but we have reached the conclusion that there is an error in the charge of the court. There are two states of facts developed by the evidence, either of which would have justified the plaintiff in going upon the track at the time that he did. The first is, he claims, as appears from his evidence, that he understood that the general instructions were to remove tools from the track when a train was approaching. The second is that he…