Opinion

St. Louis Southwestern Railway Co. v. King

  • 817 S.W.2d 760
  • 1991 WL 187013
Court
Court of Appeals of Texas
Filed
Oct 15, 1991
Status
Published
On the bench
Cornelius, Bleil, Grant
Cited by
10 cases

The opinion

ON MOTION FOR REHEARING

On motion for rehearing, the Railway complains that we erred in our review of the facts and in applying the weight and preponderance of the evidence standard for review of the evidence. Upon reconsideration, we remain convinced that, based upon all of the evidence, including that contrary to the jury’s finding, neither the jury’s failure to find Lynn King contributorily negligent nor its finding that the Railway was 100 percent negligent is against the great weight and preponderance of the evidence.

The Railway also complains of our overruling its point of error asserting trial court error in striking portions of the police *764 report made by Glenn Brown and in refusing to allow Brown’s testimony as to the cause of the accident. Although the Railway’s argument under this point of error is multifaceted, we have attempted to make our holding as precise as possible. We reiterate that the trial court did not err in striking those parts of Brown’s report in which he stated his opinion of the cause of the accident and in precluding Brown from testimonially stating his opinions because he was not shown to be an expert witness, and the trial court was not shown to have abused its discretion in failing to hold that Brown was qualified as an expert on the cause of the collision. The trial court appears to have carefully and properly exercised its discretion in its rulings on the evidence. The complaints concerning the trial court’s actions in this regard, though artfully lodged, lack merit based on the record of these proceedings.

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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