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CREECH v. THOMPSON

No. A-5611.

297 S.W.2d 817 (1957)

Julia L. CREECH et al., Petitioners, v. Guy A. THOMPSON, Trustee, St. Louis, Brownsville & Mexico Railway Company, Respondent.

Supreme Court of Texas.

Rehearing Denied February 13, 1957.

Attorney(s) appearing for the Case

M. E. Blackburn, Junction, Morris, Underwood & Oldham, Decatur J. Holcombe, III, Houston, Morriss, Morriss, Boatwright & Lewis, San Antonio, for petitioner.

Hutcheson, Taliaferro & Hutcheson, Woodul, Arterbury & Wren, Howard S. Hoover, Houston, for respondent.

GARWOOD, Justice.

By our original opinion delivered October 3rd, 1956, we affirmed the judgment of the Court of Civil Appeals, which in turn had reversed the trial court and rendered judgment for the respondent-defendant railroad on the ground that the verdict establishing a case of discovered peril was without support in the evidence. On rehearing we have concluded that this was error. Our original opinion is accordingly withdrawn and the following substituted therefor...

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