Fort Worth & Denver City Ry. Co. v. Gifford

CULVER, Justice.

In our original opinion, 244 S.W.2d 848, we held that appellee Gifford was guilty of contributory negligence as a matter of law and reversed and rendered this cause. The Supreme Court, 249 S.W.2d 190, decided that our holding in that respect "was erroneous, that the trial court’s judgment should be affirmed, subject to our consideration and decision upon the alleged exces-siveness of the verdict, and remanded the case to us for that purpose.

The injuries received by Gifford were numerous and almost fatal. His right ankle was dislocated to the extent that the foot wa9 completely…