E. L. Tidwell v. Houston & T. C. R. Co.; (H. & T. C. R. Co. v. Tidwell), 114 Tex. 582

Note by Court: “We do not agree that appellee should be denied the right to recover if he was injured as the proximate result of negligence of appellant in failing to exercise ordinary care to keep a lookout, unless appellee was guilty of contributory negligence. The case must be remanded for a new trial under the conclusions of the Court of Civil. Appeals as to insufficiency of the evidence to sustain the verdict for appellee, and we therefore refused the application for writ of error.”