Houston E. & W. T. Ry. Co. v. Barr

On Rehearing.

Appellee complains of our conclusions of fact. This criticism is without merit. We adopted from his .brief his own statement of the nature and result of this suit, and the facts upon which we based our opinion, except in matters that appeared without controversy, were taken from his statement.

Appellant asks us to reverse and render judgment in its favor rather than reverse and remand, advancing the proposition that “a case should not be reversed in order to give the losing party an opportunity to strengthen his case upon another trial,” citing Harris v. Shafer, 86 Tex. 314, 23 S.…