Texas & New Orleans Railway Co. v. Crowder

Stayton, Chief Justice.

Ho witness was at the place where the deceased was injured, and it became important to the defendant to show the situations of persons who were testifying to facts on which -,the jury were expected to determine whether he was injured under such circumstances as would make the appellant liable, and to show the means of *224knowledge possessed by them. To this end, a witness who testified by deposition was asked: “How far were you from Cohn when he was hurt, and was it day or night ?”

His only answer to this was: “It was night when the accident happened, some time about eight…