Houston, E. & W. T. Ry. Co. v. Lavine

On Motion for Rehearing.

IANE, J.

Appellees have filed their motion for rehearing and, with much vigor and apparent misconception of our holding, have attacked our conclusion that the finding of the jury that the deceased was struck and killed at the crossing in question was so against the great weight and preponderance of the evidence as to require a reversal of the judgment based upon such finding.

It will no doubt be conceded by appellees that unless this finding of the jury, can be sustained the judgment should be reversed.

It is contended that we have invaded the province of the jury, in…