Texas N. O. R. Co. v. Carter

On Appellee’s Second Motion for Rehearing.

On further consideration, upon appel-lee’s second motion for rehearing, we conclude that the case is not one for rendition, but should be remanded for all purposes and as to each of the shipments involved, in order that upon another trial satisfactory findings may be elicited to *443shpw clearly which of the various shipments moved in interstate, and which in intrastate, commerce, under the general principles announced in the final opinion of this Court; findings of the amounts of refunds, if any, appellee may be entitled to on intrastate shipments, if any, and of the amounts of attorney’s fees, if any, accruing thereon. It is further suggested that this is the character of case in which the trial judge should be requested to prepare and file written findings of fact and conclusions of law.

For the purposes of another trial the parties' may withdraw from the files of this Court the original exhibits sent up with the record on appeal.

Appellee’s motion will be granted in part, and the judgment reversed and the cause remanded.