Posey v. Schuhmacher Co.

GRAVES, Justice.

This cause was originally decided by this Court on May 27, 1948, by opinion reported in 212 S.W.2d 199; thereafter, on December 1, 1948, on writ of error theretofore granted by it, the Supreme Court of Texas, by opinion reported in 215 S.W.2d 880, 882 reversed such prior judgment of this Court therein, eliminated the issue of discovered-peril by the parties thereto, and remanded the cause to this Court for further consideration, under this declaration:

“In the Court of Civil Appeals, Posey presented assignments that certain of the *331findings of the jury were contrary to the great…