Galveston, Harrisburg & San Antonio Railway Co. v. Tirres

ON MOTION FOB BEHEAEING.

NEILL, Associate Justice.

While it is not incumbent upon this court to state either the law or evidence which controlled in its conelusions of fact, yet in deference to appellant’s counsel, who so earnestly and sincerely, in this motion, insist that we erred in concluding that appellant was guilty of negligence and appellee free from contributory negligence, we will do so in this case.

It is not the province of the court to weigh the evidence and decide between conflicting statements of witnesses, or decide what inference should be drawn from uncontroverted evidence, if…