Galveston, Harrisburg & San Antonio Railway Co. v. Smith

NEILL, Associate Justice.

—This is the third appeal in this case from judgments in favor of appellee. The opinion of the Commission.. of Appeals is reported in 81 Texas, 479, and of this court in 24 Southwestern Reporter, 668. In these opinions the nature of the case is stated, and it is unnecessary to repeat the statement.

On the first appeal one of the assignments of error complained of the court’s giving the following special instruction: “If the proof shows that defendant received the trunk to keep until the plaintiff should return to the depot to take passage on the road, it had the trunk…