Downs v. McCampbell

On Motion for Rehearing.

Appellants have filed a joint motion for rehearing, in which the following cases are cited as demonstrating the incorrectness of our holding that there was no error in excluding the testimony of the witness Miss *307Kiley that appellant Downs had told her the facts of the case consistent with his testimony upon the trial: Mason v. M., K. & T. Ry. Co. of Texas, Tex.Civ.App., 151 S.W. 350; Houston & T. C. Ry. Co. v. Fox, 106 Tex. 317, 166 S.W. 693; St. Louis & S. F. R. Co. v. Sizemore, 53 Tex.Civ.App. 491, 116 S.W. 403; Missouri, K. & T. Ry. Co. of Texas v. Hawk, 30…