Texas & New Orleans Railroad Co. v. McCombs

Mr. Judge Smedley,

of the Commission of Appeals, delivered the opinion of the Court.

The appeal in this case to the Court of Civil Appeals was from a jugdment of the district court sustaining a plea in abate ment filed by petitioner and dismissing respondent’s suit. The Court of Civil Appeals reversed that judgment and remanded the cause to the district court for trial on the merits. 178 S. W. (2d) 729.

Respondent’s suit is for $2,566.71, alleged to be owing him for overtime that he worked in his employment for petitioner as telegrapher and agent at petitioner’s' railroad station in Wood-ville,…