Missouri Pacific Railway Co. v. Preston

The opinion of the court was delivered by

Smith,- J.:

This case was first decided and affirmed January 5, 1901. (63 Pac. 444.) A rehearing was granted later, and the questions involved have been fully reargued before the whole court, since it was enlarged by the addition of four justices, elaborate briefs being filed covering the points discussed by counsel.

Judge Sturges, of the twelfth judicial district, Was called upon to try this case, after a mistrial before' Judge C. W. Smith, of the thirty-fourth district, and he acted as judge pro tern. At the May term, 1899, Judge Sturges was duly…