Atlantic Coast Line R. Co. v. Mangum

On Rehearing.

FOSTER, Justice.

It is insisted that the United States Supreme Court has not cast off the primary duty rule of the Caldine and Davis v. Kennedy cases, supra, by affirming without an opinion (68 S.Ct. 203) the case of Hunter v. Texas Electric Rwy., Tex.Civ.App., 194 S.W.2d 281, which gave application to the primary duty rule, whereas in the case of Wheeling & L. E. R. R. v. Keith, 332 U.S. 763, 68 S.Ct. 67, that court denied certiorari to the Circuit Court of Appeals of the Sixth Circuit, which declared that the Tiller case, supra, had held that the amendment of 1939 had swept away…