Texas & Pacific R'y Co. v. Bond

As to the remaining assignments of error, it is sufficient to say that there is a conflict of testimony as to whether or not the conductor saw the money when tendered. The plaintiff’s witnesses prove very conclusively that he had every opportunity of seeing it, if he did not. The plaintiff did all he could to enable the conductor to see the money, and if it was not seen, the plaintiff should not suffer the consequences.

The judgment is affirmed.