1. Practice in Applications for Writ of Error — Jurisdiction. — Judgment against a railway company was rendered in the District Court for negligently causing the death of a person. On appeal, the Court of Civil Appeals reversed and remanded the case, on the ground that the facts proved did not entitle the plaintiffs to a judgment. Held, that in such case this court has no jurisdiction.
2. Same — Insufficient Cause for Writ of Error. — What the facts may be shown to be on another trial this court can have no knowledge. The petition for writ of error does not show or suggest that no proof other than that made on the former trial can be produced on another. In such state of the record it is not shown that the judgement of the Court of Civil Appeals reversing the case practically settles the case.
STAYTON, CHIEF JUSTICE.
Application for writ of error is made by Carrie Riordan and others, who are plaintiffs, and in the District Court recovered a judgment, which on appeal was reversed and the cause remanded by the Court of Civil Appeals, on the ground that the facts proved did not entitle the plaintiffs to a judgment.
The case involves no question that would give this court jurisdiction, nor is it made to appear, that "the judgment of the Court of Civil Appeals reversing the judgment practically settles the case."
What the facts may be shown to be on another trial, we can have no knowledge, and the petition for writ of error does hot show or suggest that no proof other than that made on the former trial may not be produced on another.
For want of jurisdiction, the application must be dismissed. It is so ordered.
Application dismissed.
Delivered May 25, 1893.