Moore v. Coleman ( 1917 )

On Rehearing.

The statement in original opinion that two of the three churches were within 80 feet of the gin’s proposed location is incorrect. The evidence shows it is a distance of 180 feet to the property line of the nearest church.

In support of our holding that charges of the nature of defendant’s special charge No. 2 should not be given when the ease is submitted upon special issues, ■ we cite Cole v. Crawford, 69 Tex. 124, 5 S. W. 646; Moore v. Pierson, 100 Tex. 113, 94 S. W. 1132, s. c., 93 S. W. 1007; Railway Co. v. Jones, 175 S. W. 488; LaGrone v. Railway Co., 189 S. W. 99; Southern Oil Co. v. Wallace, 23 Tex. Civ. App. 12, 54 S. W. 638; Pacific Express Co. v. Rudman, 145 S. W. 268; Hengy v. Hengy, 151 S. W. 1127; Southerland v. Railway Co., 40 S. W. 193; Crosby v. Stevens, 184 S. W. 705.

The motion for rehearing is overruled.