Houston Textile Mills v. Montgomery

These considerations prompt the dissent:(1) This was a jury trial, and all the same evidence upon which the Supreme Court before reversed this court — acting then as in the present appeal through its Chief Justice — in holding that an issue of fact was thereby raised for the jury, was to the same extent and with like effect received upon this trial, with the testimony of appellant’s witnesses, Greening and Mitchell, added, whereby they undertook to adduce an alibi for it in testifying that the machinery was not uncrated until after the appellee’s injury; but how this belated addition can…