Court of Appeals of Texas January 5, 1910 (Houston & Texas Central Railroad v. Haberlin)

dissent

DISSENTING OPINION.

KEY, Associate Justice.

— The writer concurs in the result reached in this case, but does not agree with his associates as to the ground upon which the case should be reversed. The majority opinion holds that the 10th paragraph of the court’s charge contains affirmative error because it submitted to the jury the question of negligence on the part of the plaintiff.