Christopher v. City of El Paso

On Motion for Rehearing.

Appellants have filed a very able motion ■attacking practically all of our holdings in the original opinion.

We shall not attempt to discuss any of their assignments except those relating to the question of whether Johnson, at the time of the accident, was acting as the agent of the city and as to the correctness •of the trial court’s action in rendering judgment non obstante veredicto.

Appellants contended on the former hearing that the facts in evidence were sufficient to show that Johnson was acting as the agent of the city, as a matter of law. We disagreed with such…