Texas & N. O. Ry. Co. v. Wagner

This is the second appeal of this cause. In two orderly trials juries have awarded recoveries to the appellees, and the able and experienced trial judge has as ofteh declined to interfere. This court, however, without in either instance holding that any error was committed in the receipt or’rejection of evidence, or in the giving or refusal of charges, has vetoed and held for naught both verdicts, solely upon the weight of the testimony. . Its plain duty in such circumstances, so often enjoined as to have become a fixed principle in our appellate procedure, is to give the evidence tending to…