On Rehearing.
The appellees have filed a motion for a rehearing in this cause, with the prayer that we set aside our opinion reversing and remanding this cause, and that we now affirm the trial court’s judgment. This motion has had our thoughtful consideration, but we are still of the opinion that our former disposition was correct, and the motion for rehearing should be denied.
It is also suggested by appellees that in the event we deny a rehearing, we should certify the questions involved to the Supreme Court. If we could feel that any useful purpose would be served by granting this request, we would do so; but, inasmuch as the companion case of Texas & New Orleans Ry. Co. v. Harrington, involving the very same legal questions, is now, and has been for some time, pending in the Supreme Court on writ of error, to certify the same legal questions at this time would not probably advance the final disposition of this cause.
We therefore deny the request to certify.