Houston T. C. R. Co. v. Tremont

On Rehearing.

In conformity with the suggestion made in the original opinion, appellee has filed a re-mittitur in this court of $27.55, and asks that the judgment of the trial court be reformed by eliminating said amount from the judgment, as rendered for him in the trial court, and, as reformed, affirmed. Our judgment of reversal being based solely upon the erroneous instruction given by the court, which authorized at the outside a recovery^ by plaintiff of said sum of $27.55, and said amount having been remitted by appellee, the motion for rehearing is here granted, the judgment of the trial court is here reformed, and judgment is rendered for appellee against appellant for the sum of $157.10, together with 6 per cent, interest thereon from October 29, 1925, the date of the judgment in the trial court. The costs of this court to be taxed against appellee.