Appellee sued to recover damages resulting from personal injuries sustained by him through the alleged negligence of appellant. The judgment appealed from is for $5000, and is founded upon the verdict of a jury. This is a second appeal of this *Page 407 case, the former being published in 35 S.W. Rep., 180 . Upon the former appeal the judgment was reversed by this court, on the ground that the testimony did not support…
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