Opinion
No. 1673.
Decided March 20, 1907.
Case Followed.
The rulings in Missouri, K. T. Ry. Co. of Texas v. State, ante, are followed, and control this case. (Pp. 425, 426.)
Error to the Court of Civil Appeals from the Second District, in an appeal from Comanche County.
Suit was brought by the State against the railway company for penalties, which were recovered. Defendant appealed, and, on affirmance, obtained writ of error.
C.H. Yoakum, West, Chapman West and Theodore Mack, for plaintiff in error.
L.V. Reid, for defendant in error.
The opinion this day filed in cause No. 1675, Missouri, Kansas Texas Railway Company of Texas v. State of Texas, applies alike to this case. For the reasons given in that opinion the judgments of the District Court and of the Court of Civil Appeals are reversed, and the cause is dismissed.
Reversed and Dismissed.