Texas & Pacific Railway Co. v. Stewart

SPEER, Associate Justice.

This is the second appeal in this case and an examination of the opinion on the first appeal, reported in 13 Texas Ct. Rep., 725, will disclose the nature of the case. We must again reverse the judgment of the trial court for errors in his charge. The eighth paragraph of the court’s charge in part reads: “Therefore you are charged that if under the preceding paragraphs of this charge you have found defendant not liable for the inability, if any, of the plaintiff to fill the Pinkerton and the Dees contracts, that the measure of damages in this case is the difference,…