Dallas Ry. & Terminal Co. v. Graham

I am not in accord with the holding of the majority that the trial court did not err in refusing to submit appellant’s requested issue, raised by pleading and evidence, of contributory negligence and its corollary issues, in plaintiff’s moving toward the track without first ascertaining whether any street car was approaching. It will be seen on the former appeal of this cause, Graham v. Dallas Railway & Terminal Co., Tex.Civ.App., 165 S.W.2d 1002, 1004 (writ refused), that appellant was denied affirmance of the judgment of the trial court on conflict of findings on the very issues here…