Reynolds' Admr. v. C., N. O. & T. P. Ry. Co.

Opinion op the Court bt

Judge Winn —

Affirming.

This is the second appeal in this case. The opinion uuon the former appeal is to be found1 in 102 S. W., 888. The facts upon the first trial are stated there. Upon them this court held that a peremptory instruction should have been given in favor of the railway company. *253The facts appearing in the testimony npon the second trial differed no little from those detailed in the opinion upon the former appeal. Upon the second trial it was made to appear that Eeynolds npon the day of the accident, was in charge of a dead engine located in about the middle…