Gulf, C. & S. F. Ry. Co. v. Snow

On Rehearing.

Appellant assigns error against our order reversing and remanding this case for a new trial; the point is made that the judgment should be rendered in its favor. The assignment is overruled. There is no explanation of the fact that the deceased’s head was bloody at the time appellant’s engineer first discovered him lying on the track. We cannot anticipate the evidence on another trial. On' this proposition, in Texas Employers’ Ins. Ass’n v. Herring, 280 S.W. 740, 741, the Commission of Appeals, citing many supporting cases, said:

“We must reverse this case because of the failure…