
    SHROYER v. CHICAGO, R. I. & G. RY. CO.
    (No. 3129.)
    (Supreme Court of Texas.
    Dec. 1, 1920.)
    Appeal and error &wkey;>HI4 — On reversal of Court of Civil Appeals, cause should be re- . mantled to determine questions undisposed of.
    Where the Court of Civil Appeals preter-mitted consideration of assignments other than those raising the one question on which it reversed the judgment for plaintiff, the Supreme Court’s reversal of its holding on such question should not preclude determination of such other assignments by the Court of Civil Appeals; a number of the questions being within its exclusive jurisdiction.
    Error to Court of Civil Appeals of Seventh Supreme'Judicial District.
    On rehearing.
    Motion granted in respect only of the prior affirmance of the judgment of the district court as originally recommended by the Commission of Appeals.
    For former opinion of Commission of Appeals, see 222 S. W. 1095.
   PHIDLIPS, C. J.

We approve the holding of the Commission of Appeals on the questions discussed in its original opinion. We likewise adhere to our judgment reversing the judgment of the Court of Civil Appeals. It was improper, however, to affirm the judgment of the District Court, as originally recommended by the Commission of Appeals. In this respect the motion for rehearing is granted, and the case will be remanded to the Court of Civil Appeals for its consideration of the questions presented there by the appellant railway company not determined by our approval of the holding of the Commission of Appeals. A number of those questions are within the exclusive jurisdiction of the Court of Civil Appeals. It pretermitted consideration of assignments other than those raising the one question upon which it reversed the judgment for the plaintiff in'the trial court. Our reversal of its holding on that question should not preclude its determination of these other assignments. 
      other cases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes
     