Trinity & S. Ry. Co. v. Lane

• Decision Date: 13 March 1891
• Citation: Trinity & S. Ry. Co. v. Lane, 16 S.W. 18 (Tex. 1891)
• Court: Texas Supreme Court
• Parties: TRINITY & S. RY. CO. v. LANE.

16 S.W. 18

TRINITY & S. RY. CO. v.LANE.

Supreme Court of Texas.

March 13, 1891.

On rehearing. See 15 S. W. Rep. 477.

GAINES, J.

In the opinion in this case the writer fell into the error of saying in the comment upon the statement of facts "that it is probable that, if counsel had tendered the judge a statement of the evidence approximately correct, in which the alleged contract was copied, or its substance stated, the judge would have utilized so much of the statement at least as related thereto, and would have incorporated it into that prepared and certified to by him."The transcript shows that counsel did this exact thing, and we feel it due to them that we should make the correction.If, as bearing upon the question then before us, we had attached any importance to the matter of diligence or neglect on part of counsel in attempting to get a correct statement of facts, it would probably have led to a more careful inspection of the record, and the error would have been avoided.But, after careful consideration in more than one case, we have decided that since the passage of the statute which permits a statement of facts under certain circumstances to...