Saxon v. Atchison

The railway company, in its motion for rehearing, earnestly insist that there is an utter failure of evidence in the record to show how the accident in the instant case happened. We have again carefully examined the statement of facts, and still adhere to the holding in our original opinion, 36 S.W. (2d) 228, 230, that the evidence raises a fact issue as to how the accident was produced. In this connection,’however, we withdraw the last paragraph of the original opinion, beginning with the words, “It is true that the evidence shows,” etc., and ending with the words, “this issue was fairly…