Texas & P. Ry. Co. v. Gillette

PELPHREY, Chief Justice.

This cause was before us on a prior appeal and the judgment of the trial court affirmed. See SO S.W.(2d) 901. The judgment was later reversed by Section A of the Commission of Appeals because of misconduct of the jury, see 125 Tex. 563, 83 S.W.(2d) 307. Reference is here made to both opinions for a statement of the nature of the suit.

The case was submitted to the jury on 101 special issues, 59 being given by the court at the request of appellant.

The jury’s findings were:

1.That appellant, before attempting to proceed across Cotton avenue, failed to have a flagman with a…