Horn v. Western Union Telegraph Co.

Plaintiff in error presents a motion for a written opinion, stating the grounds on which his motion for rehearing was heretofore overruled. We have concluded to grant the motion, in order to avoid the possibility of misconstruction of the original opinion (194 S. W. 386) on the new trial we have ordered.

As clearly stated in Justice Yantis’ opinion, it was error, in the state of the evidence, for the trial court to direct a verdict for plaintiff on the findings, first, that Knowles was authorized to receive a message for transmission by another on the following day; second, that Knowles agreed…