Saxon v. Atchison, T. & S. F. Ry. Co.

PELPHRET, Chief Justice.

This is the second appeal of this cause, our decision on the first-appeal appearing at page 686 of 21 S.W.(2d).

Reference is here made to said decision for a statement of the questions involved on that appeal. It will be seen that the questions there were whether the Railway Company was negligent in permitting the soft area, hole, or depression, to be in the path along the switch track, and whether there was such causal connection between said soft area, hole, or depression and the accident causing the death of Moore upon which to base a finding that the soft area…