St. Louis Southwestern Ry. Co. of Texas v. Davy Burnt Clay Ballast Co.

VAUGHAN. J.

At a former term of this court judgment was rendered, reversing the judgment of the lower court and dismissing the cause. 273 S. W. 630. Writ of error was obtained by appellee, and on an opinion by the Commission of Appeals the Supreme Court reversed the judgment of this court, in so far as the dismissal of the cause of action, and remanded the cause to this court, with instructions to pass upon the assignments of error not comprehended in its former opinion (285 S. W. 295), that “necessary directions may be given on those questions that may arise on another trial.” Por a statement…