St. Louis, Southwestern Ry. Co. v. United Transports, Inc.

On Rehearing.

Appellees have filed motion for rehearing in which our holding that it .was error to sustain appellant’s first, fourth and fifth points, is by numerous paragraphs attacked.

Our Supreme Court has now settled the question of the necessity of a request for submission of the issue of extrication as a part of discovered peril issue, against appellees’ contention here. Since discovered peril issues are appellees’ issues, appellant’s objection to the omission of the issue on extrication was sufficient without a separate request. Rule 279, Vernon’s Annotated Rules of Civil Procedure;…