Dallas Ry. & Terminal Co. v. Durkee

On Rehearing.

BOND, Chief Justice.

On motion for rehearing appellee contends error of the trial court in admitting in evidence four photographs taken in January 1945, when trees and bushes were free of foliage, as not reflecting the condition of the crossing at the time of the alleged injury in May 1944, hence the trial court did not err in refusing appellant’s request that the photographs go to the jury room to give visionary understanding of the condition of the crossing as affects the issues involved. It will be observed that appellee makes no counterpoint of error to the action of the trial…