On Rehearing.
Appellee in motion' for rehearing calls our attention to the fact that we are in conflict with the holding by the Fifth district in the case of Mercer Dry Goods Co. v. Fikes, 191 S. W. 1178. The opinion cited appears to be in conflict with the case of Shaw v. Garrison, 174 S. W. 942, by the same court, and the latter, we think, is in accord with the cases from the Supreme Court (G., H. & S. A. Ry. Co. v. Cody, 92 Tex. 632, 51 S. W. 329), and we think the holding by the Supreme Court that the cause shall be submitted upon special issues, if the request is made before it is submitted upon a general charge, though the opinion was written prior to the last amendment of the statute, applies to the facts of this case. G., H. & S. A. Ry. Co. v. Jackson, 92 Tex. 638, 50 S. W. 1012, 51 S. W. 330, is an opinion by the Supreme Court of Texas to the same effect.
Motion is overruled.