Smith v. Thornhill

In the motion for rehearing, filed by the1 plaintiff in error in this case, an earnest and elaborate effort has been made to convince us that the main question decided by us in the original opinion [25 S.W. (2d) 597], to the effect that, under the facts found by the jury, and approved by the Court of Civil Appeals, viewed in their most favorable light, the rule of law applicable thereto, as laid down in the original opinion, is incorrect; and that the judgments of the trial court and the Court of Civil Appeals should have been set aside and judgment rendered in favor of the plaintiff in…