City of Waxahachie v. Missouri, K. & T. Ry. Co. of Texas

On Motion for Rehearing.

[2] After reconsidering this case, we have reached the conclusion that we erred in holding that the ordinance of the city of Waxaha-chie did not show on its face that it was unreasonable, and therefore not subject to "demurrer. The ordinance, after requiring the railway company to maintain a flagman at each crossing, provides that:

“Merely keeping a flagman at any one of said points while a train is in the switch yards of said corporation, or is approaching or leaving *63its depot, shall not be deemed a compliance with the provisions of this ordinance; but such corporation…