Mitchell v. Western Union Telegraph Co.

COLLARD, Associate Justice.

This case was before this court on a former appeal from the judgment of the lower court sustaining general demurrer and special exceptions to plaintiff’s petition. We refer to the case as reported in 5 Texas Civil Appeals Reports, 527, and in 24 S. W. Rep., 550, which will show the nature of the suit, as set forth in the petition.

On the last trial the court below submitted the case to the jury on special issues, which having been answered, in part, adversely to plaintiff, judgment was rendered for the defendant, from which judgment the plaintiff has appealed.

Plaintif…