Texas and Pacific Railway Company v. Meeks

On Motion for Rehearing

Appellee Meeks has filed an able motion for rehearing vigorously urging that we erred in holding there was no evidence of probative force showing that appellee’s perilous position was discovered by the employees of the railway company in time for them to have avoided the collision, and erred in holding that, as a matter of lawr the evidence viewed in its most favorable light to the verdict and the judgment did not raise the issue of discovered peril. In support of this contention, appellee points out testimony which he urges is inconsistent with and contrary to our…