249 S.W. 889 | Tex. App. | 1923
It appears from a bill of exceptions in the record that after the witness Scott, appellee's traffic manager, had testified on its behalf that he had worked for appellee over nine years and "had experience with cars shipped from Amarillo," he was permitted to testify, over appellant's objection on the ground that it was an opinion and conclusion of the witness on a question of fact to be passed on by the jury, that he (the witness) "considered" five or six days to be a reasonable time in which to transport a car from Amarillo by Fort Worth to Sherman over the Fort Worth Denver and St. Louis. San Francisco Texas Railways in June and July, 1919. Appellant insists that the trial court erred when he overruled the objection and admitted the testimony, and cites Railway Co. v. Roberts,
It is not necessary to determine other questions presented by contentions in appellant's brief, as they are not likely to arise on another trial.
The judgment is reversed, and the cause is remanded for a new trial.