Smithers v. Fort Worth & D. C. Ry. Co.

This is the second appeal of this case. Smithers recovered judgment, which was reversed and the cause remanded by the Court of Civil Appeals. See 228 S. W. 637. Upon a second trial of the case in the district court he again recovered judgment. The opinions of the Court of Civil Appeals on this appeal can be found in 249 S. W. 286. The Court of Civil Appeals tells us, and correctly, that “the issues as made by the evidence and as submitted to the jury [upon former appeal] in several material points differ” from those before that court upon the present appeal.

Upon this last appeal the Court of…