Gulf, Colorado & Santa Fe Railway Co. v. Miller

STEPHENS, Associate Justice.

On the former appeal in Búscase the judgment was reversed because the verdict was clearly against the evidence on the issue of contributory negligence. 30 Texas Civ. App., 122, 70 S. W. Rep., 25. We were then of opinion, that is, the" majority of the court as then constituted, that appellee, according to his own version of the accident, was inexcusably at fault in undertaking to walk on a railway track in front of an engine without taking any notice of it, although it was in plain view, until it had knocked him off. The engine.was at or near the depot at Daugherty,…