Opinion

Gentry v. Southern Pacific Company

  • 449 S.W.2d 527
  • 1969 Tex. App. LEXIS 2015
Court
Court of Appeals of Texas
Filed
Dec 31, 1969
Status
Published
Author
Nye
On the bench
Nye, Green
Cited by
8 cases
Authority
More cited than 7.2%

The opinion

NYE, Justice

(dissenting).

I respectfully dissent. The appellant’s no evidence point is governed by the rule that requires the appellate courts to view the evidence in the most favorable light to the appealing party; to consider only evidence and inferences which support the findings of the jury; and to reject all the evidence and inferences which are contrary to such findings. In re King’s Estate, 150 Tex. 662 , 244 S.W.2d 660 (1951) ; Calvert’s “No Evidence” and “Insufficient Evidence” Points of Error, 38 Texas Law Review 361. Applying this rule then, to all of the direct and circumstantial evidence contained in the record, I would uphold the jury’s findings on the discovered peril issues.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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