Hines v. Foreman

Appellant's fourth assignment of error, which, in the opinion of the Chief Justice, ought to be sustained, is as follows:

"The court erred in submitting to the jury special issues Nos. 1, 2, 3, and 4, for the reason that the undisputed evidence shows that the failure of the defendant's engineer in charge of its train to ring the bell and blow the whistle, if he did, was not the cause of the accident, and the only issue, if any, that should have been submitted to the jury was: Did the defendant's engineer, after he saw the plaintiff change the course of his car, use all the means in his power…