Texas & Pacific Railway Company v. McCleery

CALVERT, Chief Justice.

In an opinion delivered in this case on April 12, we wrote at considerable length in disposing of a contention which we understood respondent to he pressing upon us. In his motion for rehearing, respondent asserts that we misunderstood his contention and disavows the interpretation we placed on his argument. Whether our writing on the question was due to our inability to understand respondent’s argument or to misleading emphasis in which it was cast, is now immaterial; the contention is no longer in the case, and the writing should be eliminated. Accordingly, the…