Vivian v. San Antonio, U. G. R. Co.

FLV, O. J.

This is a second appeal of this case, the opinion on the former appeal being found in 180 S. W. 953. There is a full statement of the case theiein, and it is unnecessary to repeat it here. After hearing the testimony offered for appellant, the court instructed a verdict for appellee.

The evidence showed that appellant, a man 66 years old, desiring to go from Gardendale to Crystal City, bought a ticket and got on the caboose of a freight train where the ticket was taken up by an employé of appel-lee. Before getting on the caboose, appellant asked a couple of men, .who seemed- to be…