Texas Employers' Ins. Ass'n v. Davidson

On Motion for Rehearing.

Appellee calls our attention to two statements in- our opinion which. he thinks are contradictory. In the last paragraph of the opinion we said:

“For the reasons given, and, further, because of the failure of the record to disclose affirmatively that circumstances and conditions existed at the time of the utterance of the statements made by plaintiff below and testified to by by the witnesses, and hereinabove shown, showing such statements to be admissible as res gestas, we conclude that the judgment below should be reversed, and the cause remanded,” etc.

We believe the…