Harrison v. Orr

In the opinion of the honorable Court of Civil Appeals (285 S. W. 650) there is a general (although in some respects an incorrect) statement of the case and its various branches. It will not be restated here, except to the extent necessary to illustrate the points under discussion.

In the trial court peremptory instructions were given against Orr. This was assigned for error in the Court of Civil Appeals and the assignment was there sustained. The reasons given by that court, we think, too narrowly restrict Orr’s privileges on the new trial.

The Court of Civil Appeals, correctly held that an…