Texas & Pacific Railway Co. v. Johnson

STEPHENS, Associate Justice.

—The judgment in this case was reversed at the last term on account of an erroneous charge, Justice Hunter dissenting. 34 S. W. Rep., 186. Upon motion of appellee the single point of dissent—-whether that charge was erroneous—was certified to the Supreme Court for decision, but the opinion of that court leaves it still undecided, and holds the alleged error to have been immaterial. 35 S. W. Rep., 1042.

This course seems to have resulted from a misapprehension on the part of the Supreme Court of the real point of difference in this court, as will appear from the…