Texas Supreme Court June 19, 1940, Application No. 25,028 (Hankamer v. Roberts Undertaking Co.)

per curiam :

The application for writ of error is "dismissed w. o. j.— correct judgment.”

We agree that the issue of unavoidable accident was raised by the evidence in this case for the second reason given in the opinion of the Court of Civil Appeals. (139 S. W. (2d) 865). We disagree with the following holding announced in the note to the opinion in Independent Eastern Torpedo Co. v. Carter (Civ.