Opinion
January 2, 1913. Rehearing Denied February 13, 1913.
Appeal from Cooke County Court; C. R. Pearman, Judge.
Action by W. E. Daniel against the Gulf, Colorado Santa Fé Railway Company. From a judgment for plaintiff, defendant appeals. Reversed, and judgment rendered for defendant.
Terry, Cavin Mills and A. H. Culwell, all of Galveston, and Garnett Garnett, of Gainesville, for appellant. Stuart, Bell Moore, of Gainesville, for appellee.
As the pleading and evidence in this case are the same as in the companion case of Gulf, Colorado Sante Fé Railway Company v. J. S. Cason, 154 S.W. 367, decided by this court, it follows that the ruling in the instant case must be the same as in that case.
The judgment is therefore reversed and here rendered for the appellant, with all costs.