# Gentry v. Southern Pacific Company

> Court of Appeals of Texas · December 31, 1969 · 449 S.W.2d 527

URL: https://www.frixlaw.com/law-library/cases/9639684

## Case

- **Full name:** Opal GENTRY, Appellant, v. SOUTHERN PACIFIC COMPANY, Appellee
- **Court:** Court of Appeals of Texas
- **Decided:** December 31, 1969
- **Citations:** 449 S.W.2d 527; 1969 Tex. App. LEXIS 2015
- **Precedential status:** Published
- **Opinion:** Dissent by Nye
- **Judges:** Nye, Green
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9639684

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9639684. Public record. Not legal advice.