
    GULF, C. & S. F. RY. CO. v. DANIEL.
    (Court of Civil Appeals of Texas. Texarkana.
    Jan. 2, 1913.
    Rehearing Denied Feb. 13, 1913.)
    Appeal from Cooke County Court; C. R. Pearman, Judge.
    Action by W. E. Daniel against the Gulf, Colorado & Santa Fé Railway Company. From a judgment for plaintiff, defendant appeals.
    Reversed, and judgment rendered for defendant.
    Terry, Cavin & Mills and A. H. Culwell, all of Galveston, and Garnett & Garnett, of Gaines-ville, for appellant. Stuart, Bell & Moore, of Gainesville, for appellee.
   LEVY, J.

As the pleading and evidence in this case are the same as in the companion case of Gulf, Colorado & Sante Fé Railway Company v. J. S. Cason, 154 S. W. 367, decided by this court, it follows that the ruling in the instant case must be the same as in that case.

The judgment is therefore reversed and here rendered for the appellant, with all costs.  