Texas & New Orleans Railroad v. Day

At a former day of this term, this court, in a unanimous opinion, sustained appellant’s Points 1 and 2, and reversed and rendered this cause. I am still of the opinion that our action in so doing was correct.

I quote substantially appellant’s Points 1 and 2:

1. The' court erred in overruling appellant’s motion for a peremptory instruction and refusing its Requested Special Charge No. 1, because (1) the evidence is wholly insufficient to show that the collision was proximately due to any negligence on the part of the operator of appellant’s train, and (2) because the evidence conclusively shows…