On Motion for Rehearing.
[5] In the original opinion it is stated that where the employees of a company suddenly abandon its service, and, while offering no violence and causing no forcible obstruction of its business, simply refuse to work or to further discharge their duties, for any delay consequent thereon, as, for instance, where there is a failure to supply promptly their places, the carrier is liable. This language was quoted from 4 R. C. L. p. 744, § 212, and seems to be supported by the weight of authority in other jurisdictions. Upon a review of the authorities in Texas, however, it appears that the railway company is liable only in the event it fails to use reasonable diligence in supplying the places of the striking employees, and the original opinion is so modified. At the request of the appellants, the receivers, the jury was charged that the only duty resting upon the defendants as carriers was to exercise ordinary care and diligence to overcome the obstacles interposed and to forward the plaintiff’s cattle and deliver them at destination as promptly as reasonable diligence and care would permit and require under the circumstances. No issue was submitted to the jury inquiring whether the receivers had exercised such diligence, and the first finding of the jury, to the effect that the receivers did not transport the cattle within a reasonable time after they received them at Sweetwater, supports the judgment upon this issue.
The motion for rehearing is in all else overruled.