Court of Appeals for the Fifth Circuit February 12, 1907, No. 1,579 (Texas & P. Ry. Co. v. Modawell)

lead-opinion

NEWMAN, District Judge

(after stating the facts). The exceptions in this case raise the important question as to whether the court erred in instructing the jury in this case as follows:

“Therefore, the main questions for you to decide are whether the railroad was at fault in the manner in which it operated its train on the occasion in question; whether (hat fault—if there was